WSR 15-13-096
PROPOSED RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed June 16, 2015, 8:20 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-15-113.
Title of Rule and Other Identifying Information: eRules; chapter 296-807 WAC, Portable power tools; chapter 296-817 WAC, Hearing loss; chapter 296-823 WAC, Bloodborne pathogens; chapter 296-826 WAC, Anhydrous ammonia; chapter 296-865 WAC, Motor vehicles; chapter 296-869 WAC, Elevating platforms; chapter 296-870 WAC, Powered platforms; and chapter 296-874 WAC, Scaffolds.
Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., Tumwater, WA 98501, on July 24, 2015, at 9:00 a.m.
Date of Intended Adoption: September 29, 2015.
Submit Written Comments to: Tari Enos, P.O. Box 44620, Olympia, WA 98504, e-mail tari.enos@lni.wa.gov, fax (360) 902-5619, by July 31, 2015.
Assistance for Persons with Disabilities: Contact Tari Enos by July 10, 2015, (360) 902-5541 or (360) 972-4650.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:
•
No changes in requirements as a result of this rule making.
•
Consistent format for all DOSH safety and health rules.
•
Easy to access rules for smart phone and table [tablet] users.
•
Easy navigation in PDF files provided through bookmarks in the rules.
•
Easier referencing by replacing bullets and dashes with numbers and letters.
•
Enhanced rule update efficiency for customers through electronic postings.
Reasons Supporting Proposal: When the agency updated its web site, template DOSH rules in HTML were broken and DOSH began forwarding rule users to the office of the code reviser web site, causing more confusion among customers. This rule package will resolve stakeholder issues that have caused confusion for rule users by bringing one clear and consistent format to all of our rules.
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: Chris Miller, Tumwater, Washington, (360) 902-5516; Implementation and Enforcement: Anne Soiza, Tumwater, Washington, (360) 902-5090.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No change in requirements, so no economic impact.
A cost-benefit analysis is not required under RCW 34.05.328. No change in requirements, so no change in costs or benefits.
June 16, 2015
Joel Sacks
Director
NEW SECTION
WAC 296-807-099 Definitions.
Abrasive wheel. A grinding tool consisting of bonded abrasive grains. This includes diamond and reinforced wheels.
Blind hole. A hole drilled in an object, such as an abrasive wheel, that does not go all the way through.
Blotter. A compressible disc or washer, usually of blotting paper, plastic, cardboard, or gasket material, that is used between the wheel and the flanges to evenly distribute flange pressure on the wheel.
Cone and plug wheels (Types 16, 17, 18, 18R, and 19). Abrasive wheels manufactured with blind hole threaded bushings. They may be used on all surfaces except the flat mounting surface (D). Specific characteristics of the different cone and plug wheels are:
(a) Type 16 cones have a curved side with a nose radius;
(b) Type 17 cones have straight sides with or without a nose radius;
(c) Type 18 and 18R plug wheels are cylindrical in shape with either a square or curved grinding end;
(d) Type 19 cone wheels are a combination of cone and plug shapes.
Cutting-off wheels. Abrasive wheels used to cut material such as masonry, pipe, etc.
Designated person. A person selected or assigned by the employer or the employer's representative as competent to perform specific duties.
Discharge opening. An opening in a mower housing for discharging grass.
Flanges. Collars, discs, or plates between or against which wheels are mounted. There are four types of flanges:
(a) Adaptor;
(b) Sleeve;
(c) Straight relieved;
(d) Straight unrelieved.
Grass catcher. Parts or a combination of parts to collect grass clippings or debris.
Guard (abrasive wheels). An enclosure designed to restrain the pieces of an abrasive wheel and furnish protection to the operator if the wheel is broken during operation.
Guard. A part or assembly to prevent accidental contact with hazardous machine parts or to protect persons from other hazards created by the machinery.
Inorganic bonded wheel. Abrasive wheels that are bonded by means of inorganic material such as clay, glass, porcelain, sodium silicate, magnesium oxychloride, or metal.
Jack. A portable hand- or power-operated mechanism for lifting, lowering, or moving horizontally a load by applying a pushing force.
Modified Types 6 and 11 wheels (terrazzo). Similar to Type 6 "straight cup" wheels and Type 11 "flaring cup" wheels except for the bottom of the cup. The bottom of the cup is flat in Type 6 and 11 wheels. The modified wheels have bottoms that are sloped downwards towards the mounting hole. These modified wheels need to be mounted using a special tapered flange furnished by the tool manufacturer. These wheels are used in the terrazzo trade.
Mounted wheels. Bonded abrasive wheels of various shapes, usually two inches diameter or smaller, that are secured to plain or threaded steel mandrels.
Normal service (jacks). Raising or lowering axial loads that are eighty-five percent or less of the rated load under controlled conditions.
Organic bonded wheels. Abrasive wheels that are bonded by means of organic material such as resin, rubber, shellac, or other similar bonding agent.
Rated load. The maximum load that the jack is designed to lift or support.
Reinforced wheels. Organic bonded abrasive wheels which have webbing, fabric or filament to provide resistance to complete breaking of the wheel should it become cracked or damaged.
Terrazzo. A material of stone chips, such as marble, set in mortar and polished.
Threaded hole wheels. Abrasive wheels that have one central threaded bushing, securely anchored in place. They are mounted by being screwed onto a threaded machine spindle so that the wheel back seats firmly against an unrelieved flat back flange.
Tuck pointing wheels. Tuck pointing abrasive wheels are Type 1 reinforced, organic bonded wheels and have diameter, thickness and hole size dimensions. They are used to remove cement, mortar, or other nonmetallic jointing material.
Type 1 wheel. An abrasive wheel shaped like a disc with a mounting hole in the middle. Sometimes called a "straight wheel." It has diameter (D), thickness (T), and hole size (H) dimensions. Grinding is normally done on the periphery (outside curve) of the wheel (T dimension). Can be used for grinding, cutting-off, and tuck pointing.
Type 2 wheel. An abrasive wheel shaped like an open-ended, hollow cylinder. Sometimes called a cylinder wheel. It has diameter (measured from the outer wall of the cylinder), wheel thickness (height of the cylinder), and rim thickness (thickness of the cylinder wall). Grinding is done on the end of the cylinder (rim thickness dimension).
Type 6 wheel. An abrasive wheel shaped like a straight-sided cup or bowl with a mounting hole in the bottom of the cup. Sometimes called a "cup wheel." It has diameter (D), thickness (T), hole size (H), rim thickness (W), and back thickness (E) dimensions. Grinding is normally done on the cup rim (W dimension).
Type 11 wheel. An abrasive wheel shaped like a cup or bowl with a mounting hole in the bottom of the cup. The sides of the cup are not straight-sided but are angled outward. Sometimes called a "flaring cup wheel" since the sides are "flared" out. It has double diameter dimensions (top D and bottom J). It also has thickness (T), hole size (H), rim thickness (W), and back thickness (E) dimensions. Grinding is normally done on the cup rim (W dimension).
Type 16, 17, 18, 18R, and 19 wheels. See cone and plug wheels.
Type 27 wheel. An abrasive wheel similar to a Type 1 wheel, but the center of the wheel around the mounting hole is pushed back (depressed). Sometimes called a "depressed center" wheel. It has diameter (D), thickness (U) and hole size (H) dimensions. The depressed center allows grinding on the flat surface of the wheel without interference from the flange or mounting hardware.
Type 27A cutting-off wheel. Similar to a Type 27 wheel. Specifically designed for use on cutting-off machines.
Type 28 wheel. An abrasive wheel similar to a Type 27 wheel, but the face of the wheel is angled upward and away from the mounting hole. The face of a Type 27 wheel is flat and perpendicular to the mounting hole. A Type 28 wheel is also called a "depressed center" wheel. It has diameter (D), thickness (U), and hole size (H) dimensions. The depressed center allows grinding without interference from the mounting. A Type 28 wheel has a saucer-shaped grinding rim and is designed for corner grinding and side grinding.
Type 29 wheel. An abrasive wheel that has reversed, saucer-shaped grinding rims (similar to a partially opened umbrella).
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-807-100 Scope.
This chapter applies to the tools and equipment shown in Table 1, Scope of this chapter.
Table 1
Scope of this Chapter
This section:
Applies to:
110 Switches
(controls)
Hand-held portable power tools.
120 Portable circular saws
Hand-held portable circular saws.
130 Portable belt sanding machines
Hand-held portable belt sanding machines.
140 Compressed air tools
Hand-held portable compressed air powered tools. It also applies to airhose and plastic pipe used to supply compressed air to these tools.
150 Powder actuating fastening systems
Powder actuated fastening systems designed to use the expanding gases from a powder load to propel a stud, pin, fastener, or other object into hard structural material.
160 Power
lawnmowers
Consumer and commercial power lawnmowers.
170 Jacks
Portable hand- or power-operated:
• Hydraulic jacks
• Mechanical ratchet jacks
• Mechanical screw jacks.
180 Portable tools using abrasive wheels
Portable tools using abrasive wheels.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-110 Switches (controls).
Summary((.))
Your responsibility:
Make sure hand-held portable power tools have safe switches (controls).
((Exemption:
WAC 296-807-110 does not apply to:
• Concrete vibrators
• Concrete breakers
• Powered tampers
• Jack hammers
• Rock drills
• Garden appliances
• Household and kitchen appliances
• Personal care appliances
• Medical or dental equipment
• Fixed machinery.))
EXEMPTION:
WAC 296-807-110 does not apply to:
 
Concrete vibrators
 
Powered tampers
 
Rock drills
 
Household and kitchen appliances
 
Medical or dental equipment
 
Concrete breakers
 
Jack hammers
 
Garden appliances
 
Personal care appliances
 
Fixed machinery
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-11005 Make sure switches are safe.
((You must:))
(1) You must make sure the operating switch is located in a position that makes it difficult to accidentally operate the tool.
(2) You must use the correct operating switch.
((•)) (a) Make sure hand-held gasoline-powered chain saws have a constant pressure throttle control that will shut off power to the chain when the pressure is released.
((•)) (b) Use a constant pressure switch that will shut off the power when the switch is released to turn on or operate any hand-held power tool.
Exemptions:
((•)) Some tools can use a lock-on feature with the constant pressure switch if the lock-on feature can be turned off with a single motion of the same finger(s) that turned it on. You can use a lock-on feature with these hand-held tools:
((–)) 1. Drills;
((–)) 2. Tappers;
((–)) 3. Fastener drivers;
((–)) 4. Grinders using a wheel greater than two inches in diameter;
((–)) 5. Disc sanders;
((–)) 6. Belt sanders;
((–)) 7. Reciprocating saws;
((–)) 8. Saber, scroll and jig saws using a blade with a shank width greater than one-quarter inch;
((–)) 9. Other similarly operating powered tools.
((•)) Exemptions:
You can use a positive "on-off" switch with these hand-held tools:
((–)) 1. Platen sanders;
((–)) 2. Grinders using a wheel two inches or less in diameter;
((–)) 3. Routers;
((–)) 4. Planers;
((–)) 5. Laminate trimmers;
((–)) 6. Nibblers;
((–)) 7. Shears;
((–)) 8. Saber, scroll, and jig saws using a blade with a shank width of one-quarter inch (± .05 inch) or less.
Note:
The shank width of saber, scroll and jig saw blades is measured at the narrowest point on the blade shank.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-12005 Make sure portable circular saws are safe to use.
((You must:))
(1) You must use a constant pressure switch to turn on or operate any circular saw using a blade that has a diameter greater than two inches.
(2) You must remove cracked saws and saw blades from service.
(3) You must make sure power driven circular saws that have a blade diameter larger than two inches have guards above and below the base plate (shoe) as listed in Table 2, Portable circular saw guarding requirements.
Table 2
Portable Circular Saw Guarding Requirements
Upper Guard
Lower Guard
Covers the blade to the depth of the teeth, except for the minimum arc necessary to allow the base to tilt for bevel cuts.
(1) Covers the blade to the depth of the teeth, except for the minimum arc necessary to allow proper:
((•)) (a) Retraction of the guard;
 
((•)) (b) Contact with the work.
 
(2) Automatically and instantly returns to the position covering the blade when the saw is withdrawn from contact with the work.
((Exemption:)) EXEMPTION:
Guarding requirements in subsection (3) of this section do not apply to saws used in the meat cutting industry to cut meat.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-13005 Guard portable belt sanding machines.
You must guard:
((• Guard:
–)) (1) Nip points where the sanding belt runs onto a pulley;
((–)) (2) The unused run of the sanding belt.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-140 Compressed air tools.
Summary((.))
This section applies to portable, hand-held compressed air powered tools. It also applies to airhose and plastic pipe used to supply compressed air to these tools.
Your responsibility:
Make sure compressed air and compressed air tools are used safely.
((You must:
GENERAL TOOL REQUIREMENTS
Follow the manufacturer's instructions
WAC 296-807-14005
Prevent air tools from ejecting attachments
WAC 296-807-14010
CONTACT WITH COMPRESSED AIR
Protect employees from contact with compressed air
WAC 296-807-14015
CLEANING
Make sure safeguards are used when cleaning with compressed air
WAC 296-807-14020
AIRHOSE AND PLASTIC PIPE
Make sure airhose and plastic pipe supplying compressed air to portable air tools are safe
WAC 296-807-14025
TOOL DESIGN AND CONSTRUCTION
Make sure air tools are adequately designed and constructed
WAC 296-807-14030
TOOL USE
Use air tools safely
WAC 296-807-14035
FASTENER DRIVING TOOLS
Make sure fastener driving air tools (nailers and staplers) are safe
WAC 296-807-14040.))
You must meet the requirements …
in this section:
Follow the manufacturer's instructions
WAC 296-807-14005
Prevent air tools from ejecting attachments
WAC 296-807-14010
Protect employees from contact with compressed air
WAC 296-807-14015
Make sure safeguards are used when cleaning with compressed air
WAC 296-807-14020
Make sure airhose and plastic pipe supplying compressed air to portable air tools are safe
WAC 296-807-14025
Make sure air tools are adequately designed and constructed
WAC 296-807-14030
Use air tools safely
WAC 296-807-14035
Make sure fastener driving air tools (nailers and staplers) are safe
WAC 296-807-14040
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-14005 Follow the manufacturer's instructions.
You must((:
•)) follow the manufacturer's instructions for safe use of the tool.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-14010 Prevent air tools from ejecting attachments.
You must((:
•)) make sure the tool cannot accidentally eject an attachment.
Note:
A retainer is needed if the tool does not have a positive method of keeping the attachment in the tool.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-14015 Protect employees from contact with compressed air.
((You must:
•)) You must make sure a tool nozzle or an airhose opening is not:
((–)) (1) Pointed at anyone;
((–)) (2) Allowed to contact a person's body.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-14020 Make sure safeguards are used when cleaning with compressed air.
((You must:
•)) You must use the following when cleaning with compressed air:
((–)) (1) Air pressure that has been reduced to less than 30 p.s.i. static pressure at the nozzle;
((–)) (2) Effective chip guarding.
Note:
((■)) 1. You may use air pressure greater than 30 p.s.i. if you use a nozzle with vents, holes, flaps or slots that will direct the air flow away from the tip of the nozzle and will reduce the air flow to less than 30 p.s.i if the nozzle becomes blocked.
 
((■)) 2. Effective chip guarding means any method or equipment that protects the eyes and skin of the cleaner and other workers from flying chips or particles.
 
3. Examples include:
 
((–)) a. A protective cone around the nozzle to protect the cleaner.
 
((–)) b. Barriers, baffles or screens to protect other workers.
Reference:
Appropriate personal protective equipment (PPE) needs to be worn when cleaning with compressed air. See WAC 296-800-160 in the safety and health core rules.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-14025 Make sure airhose and plastic pipe supplying compressed air to portable air tools are safe.
((You must:))
(1) You must make sure the airhose and hose connections are suitable for the:
((•)) (a) Air pressure;
((•)) (b) Use.
(2) You must make sure any plastic pipe used to supply compressed air for portable air tools has been specifically identified by the manufacturer as being suitable for compressed air use.
Note:
Existing unapproved pipe that is buried underground or enclosed in shatter-resistant material is acceptable only if it completely eliminates the hazards created by the brittle nature of the pipe.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-14030 Make sure air tools are adequately designed and constructed.
Exemption:
This section does not apply to:
((•)) 1. Tools specifically for medical or dental use;
((•)) 2. Tools specifically for use in the food processing industry;
((•)) 3. Tools mounted in stationary installations;
((•)) 4. Air hoists;
((•)) 5. Construction and mining tools such as paving breakers, diggers, tampers, and rock drills.
((You must:
•)) You must make sure portable, hand-held air tools meet the requirements of:
((–)) (1) ANSI B186.1-1984, Safety Code for Portable Air Tools((. OR
–)); or
(2) ANSI/ISANTA SNT-101-1993, Portable, Compressed-Air-Actuated, Fastener Driving Tools-Safety Requirements for.
Note:
There may be a statement on the tool or in the instruction manual indicating the tool meets the requirements of the appropriate ANSI standard. If in doubt, check with the manufacturer.
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-807-14035 Use air tools safely.
Exemption:
This section does not apply to:
((•)) 1. Tools specifically for medical or dental use;
((•)) 2. Tools specifically for use in the food processing industry;
((•)) 3. Tools mounted in stationary installations;
((•)) 4. Air hoists;
((•)) 5. Construction and mining tools such as paving breakers, diggers, tampers, and rock drills.
((You must:))
(1) You must relieve the pressure in the air line before disconnecting a compressed air tool from the line or disconnecting a hose joint unless there is automatic valve closing protection at the joint being separated.
(2) You must disconnect the tool from the compressed air supply before repairs are done.
(3) You must make sure that eye protection is worn at all times by:
((•)) (a) The person operating the tool;
((•)) (b) Other persons in the area where tools are being used.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-14040 Make sure fastener driving air tools (nailers and staplers) are safe.
((You must:)) (1) You must make sure any fastener driving air tool discharges all air in the tool when disconnected from the compressed air supply.
(2) You must make sure that all pneumatically driven nailers, staplers, and other similar equipment provided with automatic fastener feed have a safety device on the muzzle to prevent the tool from ejecting fasteners, unless the muzzle is in contact with the work surface.
Note:
Pneumatic nailers or staplers do not need this safety device if:
 
((•)) 1. The overall weight of the fastening device does not exceed the weight of one and one-half inches of standard 18-gauge wire. The normal maximum diameter tolerance for manufacturing standard 18-gauge wire is .045 inches.
 
((•)) 2. The operator and any other person within twelve feet of the point of operation wear approved eye protection.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-150 Powder actuated fastening systems.
Summary((.
IMPORTANT:))
Important:
This section applies to any powder actuated fastening system designed to use the expanding gases from a powder load to propel a stud, pin, fastener, or other object into hard structural material.
Exemption:
This section does not apply to:
((•)) 1. Devices designed to attach objects to soft construction material such as wood, plaster, tar, and dry wallboard;
((•)) 2. Stud welding equipment.
Your responsibility:
Make sure powder actuated fastening systems are used safely.
((You must:
TOOL OPERATORS
Make sure tool operators are qualified
WAC 296-807-15005
PERSONAL PROTECTIVE EQUIPMENT
Make sure employees are aware tools are in use and wear appropriate personal protective equipment (PPE)
WAC 296-807-15010
TOOL DESIGN AND CONSTRUCTION
Make sure tools are adequately designed and constructed
WAC 296-807-15015
LABELING
Make sure tools and containers are properly labeled
WAC 296-807-15020
POWDER LOADS
Make sure powder loads and power levels are properly identified
WAC 296-807-15025
Use proper powder loads
WAC 296-807-15030
TOOL USE
Make sure the tool is appropriate to the job
WAC 296-807-15035
Make sure the operator uses the tool safely
WAC 296-807-15040
FASTENERS
Use fasteners safely
WAC 296-807-15045
INSPECTION AND MAINTENANCE
Inspect and maintain tools properly
WAC 296-807-15050
STORAGE
Make sure tools are stored properly
WAC 296-807-15055))
You must meet the requirements …
in this section:
Make sure tool operators are qualified
WAC 296-807-15005
Make sure employees are aware tools are in use and wear appropriate personal protective equipment (PPE)
WAC 296-807-15010
Make sure tools are adequately designed and constructed
WAC 296-807-15015
Make sure tools and containers are properly labeled
WAC 296-807-15020
Make sure powder loads and power levels are properly identified
WAC 296-807-15025
Use proper powder loads
WAC 296-807-15030
Make sure the tool is appropriate to the job
WAC 296-807-15035
Make sure the operator uses the tool safely
WAC 296-807-15040
Use fasteners safely
WAC 296-807-15045
Inspect and maintain tools properly
WAC 296-807-15050
Make sure tools are stored properly
WAC 296-807-15055
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-15005 Make sure tool operators are qualified.
((You must:
•)) (1) You must make sure tools are used only by qualified operators.
((•)) (2) You must make sure operators have been trained by an authorized instructor.
Note:
Authorized instructors have to meet the instructor qualifications of ANSI A10.3-1995, Safety Requirements for Powder-Actuated Fastening Systems.
((You must:
•)) (3) You must make sure all tool operators can:
((-)) (a) Understand the manufacturer's instructions;
((-)) (b) Clean the tool properly;
((-)) (c) Recognize any visibly worn or damaged parts;
((-)) (d) Identify power load levels;
((-)) (e) Operate the tool correctly.
((•)) (4) You must make sure tool operators have a valid qualified operator's card in their possession when they are using the tool.
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-807-15010 Make sure employees are aware tools are in use and wear appropriate personal protective equipment (PPE).
((You must:)) (1) You must make sure eye or face protection is worn by:
((•)) (a) Tool operators;
((•)) (b) Assistants;
((•)) (c) Persons close to where the tool is being used.
((You must:))
(2) You must post signs where tools are being used and in adjacent areas where tool use could pose a hazard. Signs must:
((•)) (a) Be easily seen;
((•)) (b) Be at least 8 x 10 inches (20 x 25 cm);
((•)) (c) Use letters in boldface type at least one inch (2.5 cm) high;
((•)) (d) Read "POWDER ACTUATED TOOL IN USE" or similar wording.
Note:
Tool use could create a hazard in adjacent areas by allowing a fastener to penetrate one or more of the following:
 
((•)) 1. Wall;
 
((•)) 2. Floor;
 
((•)) 3. Other working surface.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-15015 Make sure tools are adequately designed and constructed.
((You must:)) (1) You must make sure the tool meets the design and construction requirements of the American National Standards Institute (ANSI) standard ANSI A10.3-1995, Safety Requirements for Powder-Actuated Fastening Systems.
Note:
There may be a statement on the tool or in the instruction manual indicating the tool meets the requirements of the appropriate ANSI standard. If in doubt, check with the manufacturer.
((You must:))
(2) You must make sure each tool has:
((•)) (a) Operator instructions and a tool service manual;
((•)) (b) Powder load and fastener chart;
((•)) (c) Service tools and accessories.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-15020 Make sure tools and containers are properly labeled.
((You must:)) (1) You must make sure tools are properly labeled.
((•)) (2) You must make sure each tool has a readable, permanent label that shows the manufacturer's:
((–)) (a) Model number.
((–)) (b) Unique serial number.
((•)) (3) You must make sure there is a durable warning label on each tool that:
((–)) (a) Reads "WARNING - FOR USE ONLY BY QUALIFIED OPERATORS ACCORDING TO MANUFACTURER'S INSTRUCTION MANUAL" ((OR
–)); or
(b) Uses words with the same meaning.
(((2))) (4) You must make sure the tool storage container has these labels:
((•)) (a) "POWDER ACTUATED TOOL" on the outside of the container in an easily seen position.
((•)) (b) "WARNING - POWDER ACTUATED TOOL. TO BE USED ONLY BY A QUALIFIED OPERATOR AND KEPT UNDER LOCK AND KEY WHEN NOT IN USE" on the inside cover.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-15025 Make sure powder loads and power levels are properly identified.
((You must:
•)) You must make sure powder loads and power levels are identified as specified in Table 3, Powder-Load Identification
Table 3
Powder-Load Identification
 
Power
Level
Color Identification
 
Case
Color
Load
Color
Lowest Level
1
Brass
Gray
 
2
Brass
Brown
 
3
Brass
Green
 
4
Brass
Yellow
 
5
Brass
Red
 
6
Brass
Purple
 
7
Nickel
Gray
 
8
Nickel
Brown
 
9
Nickel
Green
 
10
Nickel
Yellow
Highest power level
11
Nickel
Red
12
Nickel
Purple
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-15030 Use proper powder loads.
((You must:
•)) You must use only a powder load that is:
((–)) (1) Recommended by the tool manufacturer for the particular tool ((OR
–)); or
(2) One that provides the same level of safety and performance.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-15035 Make sure the tool is appropriate to the job.
((You must:)) (1) You must use the lowest velocity class of tool and load that will properly set the fastener.
(2) You must use the proper shield, fixture, adaptor, or accessory that is:
((•)) (a) Suitable for the job;
((•)) (b) Recommended and supplied by the manufacturer.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-15040 Make sure the operator uses the tool safely.
((You must:)) (1) You must make sure the operator:
((•)) (a) Inspects the tool before using it, as recommended by the tool manufacturer;
((•)) (b) Uses the tool according to the manufacturer's instructions;
((•)) (c) Keeps the tool unloaded until just before using it;
((•)) (d) Unloads the tool at once if work is interrupted after the tool has been loaded;
((•)) (e) Does not leave a tool or powder load unattended where it would be available to an unauthorized person;
((•)) (f) Never points a tool (loaded or unloaded) at any part of a person's body.
Note:
A magazine or clip fed tool is not considered loaded until a powder load is actually in the ram (firing chamber).
((You must:))
(2) You must make sure tools are not used in an explosive or flammable atmosphere.
(3) You must do this if the tool misfires:
((•)) (a) Hold it firmly against the work surface for thirty seconds ((Then
•)); then
(b) Follow the instructions in the tool manufacturer's instruction manual.
(4) You must hold the tool perpendicular to the work surface when fastening to any material.
Exemption:
This does not apply if the tool manufacturer recommends a different technique for a specific job.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-15045 Use fasteners safely.
((You must:)) (1) You must use fasteners:
((•)) (a) Recommended by the tool manufacturer for the particular tool ((OR
•)); or
(b) Fasteners that provide the same level of safety and performance.
(2) You must keep the fastener from passing completely through the structural material by using a backing material when driving a fastener into any material that is any of the following:
((•)) (a) Easily penetrated;
((•)) (b) Thin;
((•)) (c) Of questionable resistance.
(3) You must make sure the material is suitable for fastening. Do not drive fasteners into very hard or brittle material such as:
((•)) (a) Cast iron;
((•)) (b) Glazed tile;
((•)) (c) Hardened steel;
((•)) (d) Glass block;
((•)) (e) Natural rock;
((•)) (f) Hollow tile;
((•)) (g) Most brick.
(4) You must make sure positive alignment with an existing hole is maintained by using a guide or other means supplied or recommended by the tool manufacturer before driving a fastener into the hole.
(5) You must make sure fasteners are not driven into any spalled (chipped or crumbled) area.
(6) You must drive fasteners into concrete only if the fastener shank will penetrate no more than one-third the thickness of the concrete.
(7) You must make sure fasteners are driven at least:
((•)) (a) One-half inch (13 mm) from the edge of steel;
((•)) (b) Three inches (75 mm) from the unsupported edge of masonry material.
Exemption:
This does not apply if an application is specifically required or recommended by the tool manufacturer.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-15050 Inspect and maintain tools properly.
((You must:
•)) (1) You must make sure any tool that is not in proper working condition is:
((–)) (a) Immediately removed from service;
((–)) (b) Tagged;
((–)) (c) Properly repaired as specified in the manufacturer's instructions before being used again.
((•)) (2) You must regularly service the tool and inspect it for worn or damaged parts at intervals recommended by the tool manufacturer.
((•)) (3) You must replace worn or damaged parts before the tool is used. This must be done:
((–)) (a) By a qualified person;
((–)) (b) Using only parts supplied by the tool manufacturer.
((•)) (4) You must keep a written record of inspection dates.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-15055 Make sure tools are stored properly.
((You must:)) (1) You must make sure there is a container that can be locked for each tool.
(2) You must make sure tools and powder loads that are not being used are:
((•)) (a) Locked in a container;
((•)) (b) Stored in a safe place;
((•)) (c) Only available to authorized persons.
(3) You must store all manuals, maintenance tools, and accessories in the tool container when they are not being used.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-160 Power lawnmowers.
Summary((.))
Exemption:
This section does not apply to commercial equipment that is:
((•)) 1. Designed primarily for agricultural purposes ((OR
•)); or
2. Designed primarily to be operated with tractors having at least twenty horsepower for cutting grass or other growth on highways.
Your responsibility:
Make sure power lawnmowers are used safely.
((You must:
DESIGN AND CONSTRUCTION
Make sure equipment meets minimum design and construction requirements
WAC 296-807-16005
LABELS
Make sure the equipment has the appropriate labels and decals
WAC 296-807-16010
BEFORE STARTING
Make sure the operator understands and follows instructions before starting the mower
WAC 296-807-16015
USE
Use the equipment safely
WAC 296-807-16020
NONELECTRIC MOWERS
Protect employees from fuel and exhaust
WAC 296-807-16025
WALK-BEHIND MOWERS
Use walk-behind mowers safely
WAC 296-807-16030
RIDE-ON MOWERS
Use ride-on mowers safely
WAC 296-807-16035.))
You must meet the requirements …
in this section:
Make sure equipment meets minimum design and construction requirements
WAC 296-807-16005
Make sure the equipment has the appropriate labels and decals
WAC 296-807-16010
Make sure the operator understands and follows instructions before starting the mower
WAC 296-807-16015
Use the equipment safely
WAC 296-807-16020
Protect employees from fuel and exhaust
WAC 296-807-16025
Use walk-behind mowers safely
WAC 296-807-16030
Use ride-on mowers safely
WAC 296-807-16035
AMENDATORY SECTION (Amending WSR 06-05-027, filed 2/7/06, effective 4/1/06)
WAC 296-807-16005 Make sure equipment meets minimum design and construction requirements.
((You must:)) (1) You must make sure equipment meets ANSI design and construction requirements.
((•)) (a) Make sure power lawnmowers manufactured on or after August 1, 2003, meet the requirements of the appropriate ANSI standard:
((–)) (i) ANSI B71.1-1998, American National Standard for Consumer Turf Care Equipment - Walk-Behind Mowers and Ride-On Machines with Mowers - Safety Specifications ((OR
–)); or
(ii) ANSI B71.4-1999, American National Standard for Commercial Turf Care Equipment - Safety Specifications.
((•)) (b) Make sure noncommercial power lawnmowers manufactured before the effective date of this chapter meet the requirements in chapter 296-806 WAC, Machine safety.
Note:
There may be a statement on the tool or in the instruction manual indicating the tool meets the requirements of the appropriate ANSI standard. If in doubt, check with the manufacturer.
((You must:))
(2) You must position, guard or shield all power-driven shafts, chains, belts, gears, friction drive components, nip and pinch points, and any exposed components hot enough to cause burns while:
((•)) (a) Starting;
((•)) (b) Mounting;
((•)) (c) Operating the machine.
(3) You must have a shutoff device that:
((•)) (a) Will stop the motor or engine ((AND
•)); and
(b) Has to be intentionally and manually activated before the motor or engine can be restarted.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-16010 Make sure the equipment has the appropriate labels and decals.
((You must:)) (1) You must make sure all positions of the operating controls are clearly identified.
(2) You must make sure warning and caution labels or decals on the mower are readable and replace them if necessary.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-16015 Make sure the operator understands and follows instructions before starting the mower.
((You must:)) (1) You must make sure the operator understands all instructions for operating the mower that are in the manufacturer's instructions and on the machine.
((•)) (2) You must make sure the operator is thoroughly familiar with the controls and proper use of the mower before starting it.
(((2))) (3) You must make sure the proper guards, plates, grass catcher or other safety devices are in place before starting the mower.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-16020 Use the equipment safely.
((You must:)) (1) You must follow the manufacturer's instructions for safe use of the equipment.
(2) You must keep people clear of discharge opening(s).
(3) You must keep people's hands and feet clear of rotating parts.
(4) You must clear the area of objects such as rocks, toys, wire, bones, sticks, etc., which could be picked up and thrown by the blade and create a hazard for the operator or other persons.
(5) You must make sure the operator stops the engine before:
((•)) (a) Leaving the equipment;
((•)) (b) Unclogging the grass discharge chute;
((•)) (c) Cleaning the mower.
(6) You must make sure the operator wears safety goggles or safety glasses with side shields when operating the mower.
Note:
Use the personal protective equipment (PPE) hazard assessment to determine the type of footwear and other PPE the employees need to wear. See WAC 296-800-160, PPE, in the safety and health core rules.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-16025 Protect employees from fuel and exhaust.
Exemption:
This section does not apply to electric engines.
((You must:))
(1) You must make sure to:
((•)) (a) Keep the gas cap on whenever the engine is running.
((•)) (b) Shut off the engine before and during refueling.
(2) You must make sure not to refuel the machine indoors.
(3) You must make sure not to run the engine in a closed area.
Exemption:
You can refuel the machine indoors or run the engine in a closed area if the area was specifically designed for such use.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-16030 Use walk-behind mowers safely.
((You must:)) (1) You must make sure the operator wears substantial footwear when operating a walk-behind mower.
Note:
Use the personal protective equipment (PPE) hazard assessment to determine the type of footwear and other PPE the employees need to wear. See WAC 296-800-160, PPE, in the safety and health core rules.
((You must:))
(2) You must mow across the face of a slope.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-16035 Use ride-on mowers safely.
((You must:)) (1) You must make sure not to carry passengers.
(2) You must make sure the operator looks down and behind before and while moving backwards.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-170 Jacks.
Summary((.
IMPORTANT:))
Important:
This section applies to portable hand- or power-operated:
((•)) (1) Hydraulic jacks;
((•)) (2) Mechanical ratchet jacks;
((•)) (3) Mechanical screw jacks.
Your responsibility:
Make sure jacks are safe to use.
((You must:
LABELING
Make sure jacks are labeled with their rated load(s)
WAC 296-807-17005
BEFORE USE
Make sure the jack is safe to lift the load
WAC 296-807-17010
LIFTING THE LOAD
Lift the load safely
WAC 296-807-17015
INSPECTION AND MAINTENANCE
Visually inspect jacks and keep them in good working order
WAC 296-807-17020.))
You must meet the requirements …
in this section:
Make sure jacks are labeled with their rated load(s)
WAC 296-807-17005
Make sure the jack is safe to lift the load
WAC 296-807-17010
Lift the load safely
WAC 296-807-17015
Visually inspect jacks and keep them in good working order
WAC 296-807-17020
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-17005 Make sure jacks are labeled with their rated load(s).
((You must:
•)) You must make sure the rated load(s) of the jack is:
((–)) (1) Readable;
((–)) (2) Durably marked in an easily seen location on the jack.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-17010 Make sure the jack is safe to lift the load.
((You must:)) (1) You must visually examine the general condition of the jack before each use.
Note:
If a jack is to be used more than once on a shift, the visual examination is only required before the jack is used for the first time that shift.
((You must:))
(2) You must make sure the weight to be lifted or supported is within the rated load of the jack.
(3) You must make sure the base of the jack is on a firm foundation or blocked before lifting the load.
(4) You must make sure hydraulic jacks exposed to freezing temperatures function properly at the temperature they will be used.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-17015 Lift the load safely.
((You must:)) (1) You must place a block between the load cap and the load if the load could slip off the jack.
(2) You must secure the load from falling or slipping immediately after it is raised by one or more of the following:
((•)) (a) Cribbing;
((•)) (b) Blocking;
((•)) (c) Some other equally effective method.
(3) You must make sure you do not exceed the limit of travel of the jack.
Note:
The limit of travel can be determined by one or more of the following:
 
((•)) 1. A positive stop;
 
((•)) 2. A stop indicator;
 
((•)) 3. Some other equally effective method.
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-807-17020 Visually inspect jacks and keep them in good working order.
Note:
There are two types of inspection, frequent or periodic, depending on how often they are done.
((You must:)) (1) You must inspect jacks at appropriate intervals:
((•)) (a) Make sure frequent inspections are done by the operator or other designated person as follows:
((–)) (i) Before a jack is first placed in service((.));
((–)) (ii) Monthly for a jack used in normal service((.));
((–)) (iii) Daily or before each use for a jack used for other than normal service((.));
((–)) (iv) Before using a jack that has been altered, modified, or repaired((.));
((–)) (v) Before using a jack that has not been used in one year or more.
((•)) (b) Make sure a periodic inspection of the jack is done once a year.
((•)) (c) Inspect the jack using Table 4, Jack Inspection Requirements, during any frequent or periodic inspection.
(2) You must make sure a jack that is out of order is:
((•)) (a) Tagged;
((•)) (b) Not used until repaired.
(3) You must make sure a jack is properly lubricated at regular intervals.
Note:
The jack should be lubricated following the manufacturer's instructions.
Table 4
Jack Inspection Requirements
Inspection Item
Frequent
Inspection
Periodic
Inspection
Check all of the following items that apply to the jack:
 
Improper pawl engagement
X
X
 
Excessive pawl wear
X
X
 
Chipped, cracked, or worn rack teeth
X
X
 
Cracked or damaged housing
X
X
 
Damaged, bent, or worn threads
X
X
 
Leaking hydraulic fluid
X
X
 
Scored or damaged plunger
X
X
 
Improper functioning
X
X
 
Free movement of swivel, heads, and caps
X
X
 
Loose bolts or rivets
X
X
 
Damaged or improperly assembled accessory equipment
X
X
 
Rack wear or bending
X
X
 
Other items as specified in the manufacturer's instructions
X
X
Watch the jack during operation
X
X
More detailed inspection required if a designated person determines any condition discovered is a hazard
X
 
Clean and check internal parts for wear or damage if inspection indicates an internal problem
 
X
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-180 Portable tools using abrasive wheels.
Summary((.
IMPORTANT:))
Important:
This section applies to portable tools using abrasive wheels.
((Definition:
Abrasive wheel. A grinding tool consisting of bonded abrasive grains. This includes diamond and reinforced wheels.))
Exemption:
This section does not apply to machines using:
((•)) 1. Natural sandstone wheels;
((•)) 2. Pulpstone wheels;
((•)) 3. Coated abrasive products;
((•)) 4. Loose abrasives.
Your responsibility:
Make sure abrasive wheel tools and wheels are safe to use.
((You must:
DESIGN AND CONSTRUCTION
Make sure abrasive wheels and tools are properly designed and constructed
WAC 296-807-18005
GUARDS
Make sure machines have safety guards
WAC 296-807-18010
Keep safety guards in good functional condition
WAC 296-807-18015
GUARDS - SPECIFIC WHEELS
Use specific safety guards for machines using Type 1 grinding wheels, cutting-off wheels, and tuck pointing wheels
WAC 296-807-18020
Use specific safety guards for vertical and angle grinders using Type 6 or Type 11 wheels
WAC 296-807-18025
Use specific safety guards for vertical and angle grinders using Type 27, 28 and 29 wheels
WAC 296-807-18030
SIDE HANDLES
Use side handles on vertical and angle grinders
WAC 296-807-18035
ABRASIVE WHEELS
Make sure abrasive wheels are safe to use
WAC 296-807-18040
MOUNTING
Mount wheels properly
WAC 296-807-18045
FLANGES
Use proper flanges
WAC 296-807-18050
Make sure flanges are in good condition
WAC 296-807-18055
FLANGES - SPECIFIC WHEELS
Use specific flanges for Type 1 cutting-off wheels
WAC 296-807-18060
Use specific flanges for Type 27A cutting-off wheels
WAC 296-807-18065
Use specific flanges for threaded hole wheels
WAC 296-807-18070
Use specific flanges for cup, cone or plug wheels with threaded inserts or projecting studs
WAC 296-807-18075
BLOTTERS
Use blotters when required
WAC 296-807-18080
BLOTTERS - TYPE 6 AND 11 WHEELS
Meet specific blotter requirements when using modified Types 6 and 11 wheels (terrazzo)
WAC 296-807-18085.))
You must meet the requirements …
in this section:
Make sure abrasive wheels and tools are properly designed and constructed
WAC 296-807-18005
Make sure machines have safety guards
WAC 296-807-18010
Keep safety guards in good functional condition
WAC 296-807-18015
Use specific safety guards for machines using Type 1 grinding wheels, cutting-off wheels, and tuck pointing wheels
WAC 296-807-18020
Use specific safety guards for vertical and angle grinders using Type 6 or Type 11 wheels
WAC 296-807-18025
Use specific safety guards for vertical and angle grinders using Type 27, 28 and 29 wheels
WAC 296-807-18030
Use side handles on vertical and angle grinders
WAC 296-807-18035
Make sure abrasive wheels are safe to use
WAC 296-807-18040
Mount wheels properly
WAC 296-807-18045
Use proper flanges
WAC 296-807-18050
Make sure flanges are in good condition
WAC 296-807-18055
Use specific flanges for Type 1 cutting-off wheels
WAC 296-807-18060
Use specific flanges for Type 27A cutting-off wheels
WAC 296-807-18065
Use specific flanges for threaded hole wheels
WAC 296-807-18070
Use specific flanges for cup, cone or plug wheels with threaded inserts or projecting studs
WAC 296-807-18075
Use blotters when required
WAC 296-807-18080
Meet specific blotter requirements when using modified Types 6 and 11 wheels (terrazzo)
WAC 296-807-18085
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-18005 Make sure abrasive wheels and tools are properly designed and constructed.
((You must:
•)) You must make sure abrasive wheels and tools meet the design and construction requirements of:
((–)) (1) American National Standards Institute (ANSI) B7.1-2000, Safety Requirements for the Use, Care and Protection of Abrasive Wheels ((OR
–)); or
(2) ANSI B186.1-1984, Safety Code for Portable Air Tools.
Note:
Tools may have a statement on the tool or in the instruction manual that the tool meets the appropriate ANSI standard. If in doubt, check with the manufacturer.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-18010 Make sure machines have safety guards.
((You must:
•)) (1) You must use abrasive wheels only on machines that have safety guards.
((•)) (2) You must make sure the safety guard:
((–)) (a) Is mounted so it maintains proper alignment with the wheel;
((–)) (b) Is mounted with fasteners strong enough to keep the guard in position if a wheel breaks;
((–)) (c) Is positioned to deflect pieces of an accidentally broken wheel away from the operator;
((–)) (d) Covers the spindle end, nut, and flange projections.
Exemption:
Safety guards are not required on machines that use:
((•)) 1. Wheels for internal grinding while advancing, retracting or within the work.
((•)) 2. Mounted wheels two inches or less in diameter.
((•)) 3. Types 16, 17, 18, 18R, and 19 cones and plugs and threaded hole pot balls where((:
–)) the work offers protection ((OR
–)) or the size does not exceed three inches in diameter by five inches long.
((•)) 4. Notched, segmented, or continuous rim metal centered diamond lapidary wheels that are((:
–)) used with a coolant deflector ((AND
–)) and operated at 3,500 SFPM or less.
((•)) 5. Type 1 wheels that are:
((–)) a. Two inches or less in diameter;
((–)) b. One-half inch or less thick;
((–)) c. Operating at peripheral speeds less than 1,800 SFPM;
((–)) d. Mounted on mandrels and used in portable drills.
((•)) 6. Type 1 reinforced wheels that are:
((–)) a. Three inches or less in diameter one-quarter inch or less thick;
((–)) b. Operating at peripheral speeds of 9,500 SFPM or less;
((–)) c. Used by operators wearing safety glasses and face shields((.));
((•)) d. Valve seating grinding wheels.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-18015 Keep safety guards in good functional condition.
((You must:
•)) (1) You must make sure safety guards are in good functional condition.
((•)) (2) You must replace any safety guard that:
((–)) (a) Is damaged, bent or severely worn ((OR
–)); or
(b) Has been hit by parts from a breaking wheel.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-18020 Use specific safety guards for machines using Type 1 grinding wheels, cutting-off wheels, and tuck pointing wheels.
((You must:
•)) You must make sure the safety guard covers the top and sides of the wheel for at least one hundred eighty degrees.
Note:
It is not required to cover the spindle end, nut and outer flange.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-18025 Use specific safety guards for vertical and angle grinders using Type 6 or Type 11 wheels.
((You must:
•)) (1) You must make sure the safety guard:
((–)) (a) Covers the wheel's plane of rotation toward the operator for at least one hundred eighty degrees;
((–)) (b) Covers the side of the wheel toward the driving flange for at least one hundred eighty degrees;
((–)) (c) Has a skirt which is adjustable to within one-eighth inch of the plane of the surface of the wheel.
((•)) (2) You must make sure not to use a "revolving cup guard."
Note:
"Cup back bushings" do not substitute for safety guards.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-18030 Use specific safety guards for vertical and angle grinders using Type 27, 28 and 29 wheels.
((You must:
•)) You must make sure safety guards:
((–)) (1) Cover the wheel's plane of rotation toward the operator for at least one hundred eighty degrees.
((–)) (2) Cover the side of the wheel toward the driving flange for at least one hundred eighty degrees.
((–)) (3) Have a lip on the outer edge that:
((■)) (a) Extends beyond the surface of the wheel throughout the one hundred eighty degree coverage ((AND
■)); and
(b) Curls inward to deflect wheel fragments.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-18035 Use side handles on vertical and angle grinders.
((You must:)) You must use a side handle on all four-inch and larger vertical and angle grinders.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-18040 Make sure abrasive wheels are safe to use.
((You must:
•)) (1) You must do the following before mounting a wheel:
((–)) (a) Visually inspect the wheel for cracks or damage;
((–)) (b) Perform a ring test for cracks (size and shape of the wheel permitting);
((–)) (c) Make sure the spindle speed of the machine is not greater than the operating speed of the wheel.
((•)) (2) You must make sure a damaged or cracked wheel is not mounted or used.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-18045 Mount wheels properly.
((You must:)) (1) You must make sure wheels fit freely on the spindle, wheel sleeves, or adaptors, and remain free under all grinding conditions.
(2) You must make sure wheel, blotter and flange surfaces that contact each other are flat and free of foreign particles.
(3) You must make sure any reducing bushing used in the wheel hole:
((•)) (a) Fits freely on the spindle and maintains proper clearance;
((•)) (b) Does not exceed the width of the wheel or contact the flanges.
(4) You must make sure that multiple wheels mounted between a single set of flanges are either:
((•)) (a) Cemented together ((OR
•)); or
(b) Separated by spacers that have a diameter and bearing surface that is the same as the mounting flanges.
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-807-18050 Use proper flanges.
((You must:
•)) (1) You must mount all abrasive wheels between flanges that have a diameter at least one-third the diameter of the wheel.
Exemption:
This requirement does not apply to the following types of wheels:
((•)) 1. Mounted wheels;
((•)) 2. Cup, cone or plug wheels with threaded inserts or projecting studs;
((•)) 3. Abrasive disc wheels (inserted nut, inserted washer and projecting stud type);
((•)) 4. Plate mounted wheels;
((•)) 5. Cylinder, cup, or segmental wheels mounted in chucks;
((•)) 6. Types 27, 28, and 29 wheels;
((•)) 7. Internal wheels less than two inches in diameter;
((•)) 8. Modified Type 6 and 11 wheels (terrazzo);
((•)) 9. Types 1 and 27A cutting-off wheels.
((You must:
•)) (2) You must make sure flanges are:
((-)) (a) Dimensionally accurate;
((-)) (b) Properly balanced;
((-)) (c) Flat;
((-)) (d) Free of rough surfaces or sharp edges.
((-)) (3) You must make sure, if a wheel is mounted between two flanges, that both flanges:
((-)) (a) Are the same diameter;
((-)) (b) Have equal bearing surfaces.
Exemption:
The following wheels do not require same diameter, equal bearing surface flanges:
((•)) 1. Types 27, 28, and 29 wheels with adaptors;
((•)) 2. Modified Types 6 and 11 wheels with tapered K dimension;
((•)) 3. Internal wheels less than two inches in diameter.
((You must:
•)) (4) You must make sure the driving flange is:
((–)) (a) Part of the spindle ((OR
–)); or
(b) Securely fastened to the spindle.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-18055 Make sure flanges are in good condition.
((You must:
•)) (1) You must make sure flange bearing surfaces are in good condition.
((•)) (2) You must replace or remachine any flange with a mounting surface that has any of the following problems:
((–)) (a) Warped;
((–)) (b) Burred on the bearing surface;
((–)) (c) Excessively worn (thickness or diameter);
((–)) (d) Out of true.
Note:
Flanges that are refaced or trued need to satisfy minimum dimension requirements specified in ANSI B7.1-2000, Safety Requirements for the Use, Care and Protection of Abrasive Wheels.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-18060 Use specific flanges for Type 1 cutting-off wheels.
((You must:
•)) You must mount Type 1 cutting-off wheels between flanges that are:
((–)) (1) Properly relieved with matching bearing surfaces;
((–)) (2) At least one-quarter the wheel diameter.
Note:
American National Standards Institute (ANSI) B7.1-2000, Safety Requirements for the Use, Care and Protection of Abrasive Wheels, has specific exemptions for some reinforced, bonded abrasive cutting-off wheels and steel centered, diamond cutting-off wheels. These wheels are primarily used for masonry cutting and concrete sawing.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-18065 Use specific flanges for Type 27A cutting-off wheels.
((You must:
•)) You must mount Type 27A cutting-off wheels between flanges that are:
((–)) (1) Flat (unrelieved) with matching bearing surfaces;
((–)) (2) At least one-quarter the wheel diameter.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-18070 Use specific flanges for threaded hole wheels.
((You must:
•)) You must use a back flange to mount threaded hole wheels that is:
((–)) (1) Flat (unrelieved);
((–)) (2) Securely fastened and square to the spindle axis;
((–)) (3) Able to properly support the wheel.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-18075 Use specific flanges for cup, cone or plug wheels with threaded inserts or projecting studs.
((You must:
•)) You must mount cup, cone or plug wheels with threaded inserts or projecting studs against a straight, unrelieved flange.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-18080 Use blotters when required.
((You must:
•)) (1) You must use a blotter between each flange and the abrasive wheel surface to uniformly distribute flange pressure.
((•)) (2) You must make sure the blotter covers the entire flange contact area.
((•)) (3) You must use a new blotter each time a wheel is mounted unless the wheel has a blotter already attached to it by the manufacturer.
((•)) (4) You must make sure scuffed or damaged blotters are not used.
Exemption:
You do not need to use a blotter with:
((•)) 1. Mounted wheels;
((•)) 2. Abrasive disc and Type 2 wheels which are mounted by inserted nuts, inserted washers, or projecting studs;
((•)) 3. Plate mounted wheels;
((•)) 4. Wheels mounted in chucks (such as cylinders and segmental wheels);
((•)) 5. Types 27, 28, and 29 wheels;
((•)) 6. Type 1 and Type 27A cutting-off wheels;
((•)) 7. Internal wheels less than two inches in diameter;
((•)) 8. Diamond and cubic boron nitride wheels with metal or carbon fiber cores.
AMENDATORY SECTION (Amending WSR 03-09-009, filed 4/4/03, effective 8/1/03)
WAC 296-807-18085 Meet specific blotter requirements when using modified Types 6 and 11 wheels (terrazzo).
((You must:
•)) You must mount modified Types 6 and 11 wheels (terrazzo) with a blotter applied to the flat side of the wheel only.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 296-807-190
Definitions.
NEW SECTION
WAC 296-817-099 Noise definitions.
A-weighted. An adjustment to sound level measurements that reflects the sensitivity of the human ear. Used for evaluating continuous or average noise levels.
Audiogram. A chart, graph, or table resulting from an audiometric test showing an individual's hearing threshold levels as a function of frequency.
Audiologist. A professional, specializing in the study and rehabilitation of hearing, who is certified by the American Speech, Hearing, and Language Association, or the American Academy of Audiology, and is licensed by the state board of examiners.
Baseline audiogram. The audiogram against which future audiograms are compared. The baseline audiogram is collected when an employee is first assigned to work with noise exposure. The baseline audiogram may be revised if persistent standard threshold shift (STS) of improvement is found.
Continuous noise. Noise with peaks spaced no more than one second apart. Continuous noise is measured using sound level meters and noise dosimeters with the slow response setting.
Criterion sound level. A sound level of ninety decibels. An eight-hour exposure to constant 90 dBA noise is a one hundred percent noise dose exposure.
C-weighted. An adjustment to sound level measurements that evenly represents frequencies within the range of human hearing. Used for evaluating impact or impulse noise.
Decibel (dB). Unit of measurement of sound level. A-weighting, adjusting for the sensitivity of the human ear, is indicated as "dBA." C-weighting, an even reading across the frequencies of human hearing, is indicated as "dBC."
Fast response. A setting for a sound level meter that will allow the meter to respond to noise events of less than one second. Used for evaluating impulse and impact noise levels.
Hertz (Hz). Unit of measurement of frequency, numerically equal to cycles per second.
Impulsive or impact noise. Noise levels which involve maxima at intervals greater than one second. Impulse and impact noise are measured using the fast response setting on a sound level meter.
Noise dose. The total noise exposure received by an employee during their shift. It can be expressed as a percentage indicating the ratio of exposure received to the noise exposure received in an eight-hour exposure to constant noise at 90 dBA. It may also be expressed as the sound level that would produce the equivalent exposure during an eight-hour period (TWA8).
Noise dosimeter. An instrument that integrates a function of sound pressure over a period of time in such a manner that it directly indicates a noise dose.
Occupational hearing loss. A reduction in the ability of an individual to hear either caused or contributed to by exposure in the work environment.
Otolaryngologist. A physician specializing in diagnosis and treatment of disorders of the ear, nose, and throat.
Permanent threshold shift. A hearing level change that has become persistent and is not expected to improve.
Qualified reviewer. An audiologist, otolaryngologist, or other qualified physician who has experience and training in evaluating occupational audiograms.
Slow response. A setting for sound level meters and dosimeters in which the meter does not register events of less than about one second. Used for evaluating continuous and average noise levels.
Sound level. The intensity of noise as indicated by a sound level meter.
Sound level meter. An instrument that measures sound levels.
Standard threshold shift (STS). A hearing level change, relative to the baseline audiogram, of an average of 10 dB or more at 2000, 3000, and 4000 Hz in either ear.
Temporary threshold shift. A hearing level change that improves. A temporary threshold shift may occur with exposure to noise and hearing will return to normal within a few days. Temporary threshold shifts can be indicators of exposures that lead to permanent hearing loss.
TWA8 - Equivalent eight-hour time-weighted average sound level. That sound level, which if constant over an eight-hour period, would result in the same noise dose measured in an environment where the noise level varies.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-100 Scope.
The purpose of this chapter is to:
((•)) (1) Prevent employee hearing loss by minimizing employee noise exposures ((AND
•)); and
(2) Make sure employees exposed to noise are protected.
These goals are accomplished by:
((•)) (1) Measuring and computing the employee noise exposure from all equipment and machinery in the workplace, as well as any other noise sources in the work area;
((•)) (2) Protecting employees from noise exposure by using feasible noise controls;
((•)) (3) Making sure employees use hearing protection, if you cannot feasibly control the noise;
((•)) (4) Training employees about hearing loss prevention;
((•)) (5) Evaluating your hearing loss prevention efforts by tracking employee hearing or periodically reviewing controls and protection;
((•)) (6) Making appropriate corrections to your program.
Reference:
Table 1 will help you determine the hearing loss prevention requirements for your workplace. For the specific requirements associated with noise evaluation criteria, see WAC 296-817-30010 of this chapter.
Use Table 1 to help you determine the hearing loss prevention requirements for your workplace:
Table 1
Noise Evaluation Criteria
Criteria
Description
Requirements
85 dBA TWA8
Full-day employee noise exposure dose. If you have one or more employees whose exposure equals or exceeds this level, you must have a hearing loss prevention program.
((–)) Hearing protection
((–)) Training
((–)) Audiometric testing
90 dBA TWA8
Full-day employee noise exposure dose. If you have one or more employees whose exposure equals or exceeds this level, you must reduce employee noise exposures in the workplace.
((–)) Noise controls
((and
– )) Hearing protection
((–)) Training
((–)) Audiometric testing
115 dBA measured using slow response
Extreme noise level (greater than one second in duration).
((–)) Hearing protection
((–)) Signs posted in work areas warning of exposure
140 dBC measured using fast response
Extreme impulse or impact noise (less than one second in duration).
Hearing protection
((HEARING LOSS PREVENTION PROGRAM))
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-200 ((Summary.)) Hearing loss prevention program.
Summary
Your responsibility:
To prevent employee hearing loss by minimizing, and providing protection from, noise exposures.
((You must:
Conduct employee noise exposure monitoring
WAC 296-817-20005
Control employee noise exposures that equal or exceed 90 dBA TWA8
WAC 296-817-20010
Make sure employees use hearing protection when their noise exposure equals or exceed 85 dBA TWA8
WAC 296-817-20015
Make sure exposed employees receive training about noise and hearing protection
WAC 296-817-20020
Make sure warning signs are posted for areas with noise levels that equal or exceed 115 dBA
WAC 296-817-20025
Arrange for oversight of audiometric testing
WAC 296-817-20030
Identify and correct deficiencies in your hearing loss prevention program
WAC 296-817-20035
Document your hearing loss prevention activities
WAC 296-817-20040.))
You must meet the requirements …
in this section:
Conduct employee noise exposure monitoring
WAC 296-817-20005
Control employee noise exposures that equal or exceed 90 dBA TWA8
WAC 296-817-20010
Make sure employees use hearing protection when their noise exposure equals or exceeds 85 dBA TWA8
WAC 296-817-20015
Make sure exposed employees receive training about noise and hearing protection
WAC 296-817-20020
Make sure warning signs are posted for areas where noise levels equal or exceed 115 dBA
WAC 296-817-20025
Arrange for oversight of audiometric testing
WAC 296-817-20030
Identify and correct deficiencies in your hearing loss prevention program
WAC 296-817-20035
Document your hearing loss prevention activities
WAC 296-817-20040
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-20005 Conduct employee noise exposure monitoring.
((You must:
•)) (1) You must conduct employee noise exposure monitoring to determine the employee's actual exposure when reasonable information indicates that any employee's exposure may equal or exceed 85 dBA TWA8.
Note:
((•)) Representative monitoring may be used where several employees perform the same tasks in substantially similar conditions.
 
((•)) Examples of information or situations that can indicate exposures which equal or exceed 85 dBA TWA8, include:
 
((•)) 1. Noise in the workplace that interferes with people speaking, even at close range.
 
((•)) 2. Information from the manufacturer of equipment you use in the workplace that indicates high noise levels for machines in use.
 
((•)) 3. Reports from employees of ringing in their ears or temporary hearing loss.
 
((•)) 4. Warning signals or alarms that are difficult to hear.
 
((•)) 5. Work near abrasive blasting or jack hammering operations.
 
((•)) 6. Use of tools and equipment such as the following:
 
((–)) a. Heavy equipment or machinery.
 
((–)) b. Fuel-powered hand tools.
 
((–)) c. Compressed air-driven tools or equipment in frequent use.
 
((–)) d. Power saws, grinders or chippers.
 
((–)) e. Powder-actuated tools.
((You must:
•)) (2) You must follow applicable guidance in WAC 296-817-300 when conducting noise exposure monitoring;
((•)) (3) You must make sure your sampling for noise exposure monitoring identifies:
((–)) (a) All employees whose exposure equals or exceeds the following:
((■)) (i) 85 dBA TWA8 (noise dosimetry, providing an average exposure over an eight-hour time period);
((■)) (ii) 115 dBA (slow response sound level meter, identifying short-term noise exposures);
((■)) (iii) 140 dBC (fast response sound level meter, identifying almost instantaneous noise exposures).
((–)) (b) Exposure levels for selection of hearing protection.
((•)) (4) You must provide exposed employees and their representatives with an opportunity to observe any measurements of employee noise exposure that are conducted.
((•)) (5) You must notify each employee whose exposure equals or exceeds 85 dBA TWA8 of the monitoring results within five working days of when you receive the results.
((•)) (6) You must conduct additional noise monitoring whenever a change in production, process, equipment or controls, may reasonably be expected to result in:
((–)) (a) Additional employees whose exposure equals or exceeds 85 dBA TWA8;
((–)) (b) Employees exposed to higher level of noise requiring more effective hearing protection.
Note:
Conditions that may be expected to increase exposure include:
 
((•)) 1. Adding machinery to the work area.
 
((•)) 2. Increasing production rates.
 
((•)) 3. Removal or deterioration of noise control devices.
 
((•)) 4. Increased use of noisy equipment.
 
((•)) 5. Change in work schedule.
 
((•)) 6. Change of job duties.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-20010 Control employee noise exposures that equal or exceed 90 dBA TWA8.
((IMPORTANT:)) Important:
Hearing protection provides a barrier to noise and protects employees but is not considered a control of the noise hazard. Separate requirements apply to hearing protection and are found in WAC 296-817-20015.
((You must:
•)) You must reduce employee noise exposure, using feasible controls, wherever exposure equals or exceeds 90 dBA TWA8.
Note:
((•)) 1. Once noise exposures are brought below 90 dBA TWA8, no further reduction is required. However, further reduction of noise may reduce the need for other hearing loss prevention requirements.
 
((•)) 2. Controls that eliminate noise at the source or establish a permanent barrier to noise are typically more reliable. For example:
 
((–)) a. Replacing noisy equipment with quiet equipment.
 
((–)) b. Using silencers and mufflers.
 
((–)) c. Installing enclosures.
 
((–)) d. Damping noisy equipment and parts.
 
((•)) 3. Other controls and work practices may also be useful for reducing noise exposures. Examples include:
 
((–)) a. Employee rotation.
 
((–)) b. Limiting use of noisy equipment.
 
((–)) c. Rescheduling work.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-20015 Make sure employees use hearing protection when their noise exposure equals or exceeds 85 dBA TWA8.
((You must:
•)) (1) You must make sure employees wear hearing protectors that will provide sufficient protection when exposure equals or exceeds:
((–)) (a) 85 dBA TWA8 (noise dosimetry, providing an average exposure over an eight-hour time period);
((–)) (b) 115 dBA (slow response sound level meter, identifying short-term noise exposures);
((–)) (c) 140 dBC (fast response sound level meter, identifying almost instantaneous noise exposures).
((•)) (2) You must provide employees with an appropriate selection of hearing protectors:
((–)) (a) The selection must include at least two distinct types (such as molded earplugs, foam earplugs, custom-molded earplugs, earcaps, or earmuffs) for each exposed employee and must be sufficient to cover:
((■)) (i) Different levels of hearing protection needed in order to reduce all employee exposures to a level below 85 dBA TWA8;
((■)) (ii) Different sizes;
((■)) (iii) Different working conditions.
((–)) (b) Consider requests of the employees regarding:
((■)) (i) Physical comfort;
((■)) (ii) Environmental conditions;
((■)) (iii) Medical needs;
((■)) (iv) Communication requirements.
Note:
Hearing protector selection should include earplugs, earcaps and earmuffs.
((You must:
•)) (3) You must provide hearing protection at no cost to employees.
((•)) (4) You must supervise employees to make sure that hearing protection is used correctly.
((•)) (5) You must make sure hearing protectors are:
((–)) (a) Properly chosen for fit;
((–)) (b) Replaced as necessary.
((•)) (6) You must make sure all hearing protection is sufficient to reduce the employee's equivalent eight-hour noise exposure to 85 dBA or less. When using the A-weighted exposure measurements, reported as "dBA TWA8," the reduction in noise exposure by hearing protectors is given by Table 2:
Table 2
Effective Protection of Hearing Protectors
Type of hearing
protection
Effective
protection
Single hearing protection (earplugs, earcaps or earmuffs)
7 dB less than the manufacturer assigned noise reduction rating (NRR); for example, earplugs with an NRR of 20 dB are considered to reduce employee exposures of 95 dBA TWA8 to 82 dBA TWA8
Dual hearing protection (earplug and earmuff worn together)
2dB less than the higher NRR of the two protectors; for example, earplugs with an NRR of 20 dB and earmuffs with an NRR of 12 dB are considered to reduce employee exposures of 100 dBA TWA8 to 82 dBA TWA8
((•)) (7) In addition to protection based on daily noise dose, make sure hearing protection has an NRR of at least 20 dB when exposures involve noise that equals or exceeds 115 dBA (slow response sound level meter) or 140 dBC (fast response sound level meter).
Note:
1. You may also evaluate hearing protection by using the other methods given in the NIOSH Compendium of Hearing Protection (NIOSH Publication No. 95-105).
 
2. These methods require additional monitoring and are more complex, but provide a more thorough evaluation of protection.
 
3. This may be useful in cases where communication is critical or for evaluating hearing protection for employees with hearing impairment.
AMENDATORY SECTION (Amending WSR 09-15-145, filed 7/21/09, effective 9/1/09)
WAC 296-817-20020 Make sure exposed employees receive training about noise and hearing protection.
((You must:
•)) (1) You must train each employee whose noise exposure equals or exceeds 85 dBA TWA8.
((•)) (2) You must provide training when an employee is first assigned to a position involving noise exposure that equals or exceeds 85 dBA TWA8 and at least annually after that.
((•)) (3) You must update information provided in the training program to be consistent with changes in controls, hearing protectors and work processes.
((•)) (4) You must make sure your noise and hearing protection training includes:
((–)) (a) The effects of noise on hearing (including both occupational and nonoccupational exposures);
((–)) (b) Noise controls used in your workplace;
((–)) (c) The purpose of hearing protectors: The advantages, disadvantages, and attenuation of various types;
((–)) (d) Instructions about selecting, fitting, using, and caring for hearing protection;
((–)) (e) The purpose and procedures for program evaluation including audiometric testing and hearing protection auditing when you choose to rely upon auditing (see WAC 296-817-500);
((–)) (f) The employees' right to access records kept by the employer.
((•)) (5) You must maintain a written program describing initial and refresher training.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-20025 Make sure warning signs are posted for areas where noise levels equal or exceed 115 dBA.
((You must:
•)) (1) You must make sure warning signs are posted at the entrances or boundaries of all well-defined work areas where employees may be exposed to noise that equals or exceeds 115 dBA (measured using a sound level meter with slow response).
((–)) (2) Warning signs must clearly indicate that the area is a high noise area and that hearing protectors are required.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-20030 Arrange for oversight of audiometric testing.
((You must:
•)) (1) You must make sure audiometric testing as described by WAC 296-817-400 is supervised and reviewed by one of the following licensed or certified individuals:
((–)) (a) An audiologist;
((–)) (b) An otolaryngologist;
((–)) (c) Another qualified physician.
((•)) (2) You must make sure audiograms are conducted by one of the above individuals or by a technician certified by the Council of Accreditation in Occupational Hearing Conservation (CAOHC) and responsible to a qualified reviewer.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-20035 Identify and correct deficiencies in your hearing loss prevention program.
((You must:
•)) (1) You must use audiometric testing to identify hearing loss, which may indicate program deficiencies.
((•)) (2) You must take appropriate actions when deficiencies are found with your program.
((–)) A deficiency may be indicated when:
((■)) (a) Any employee experiences measurable hearing loss indicated by a standard threshold shift((OR
■)); or
(b) Any employee is not wearing appropriate hearing protection during an audit when auditing is used in place of baseline audiograms for short term employees (see WAC 296-817-500, Option to audiometric testing).
Note:
1. A standard threshold shift or audit deficiency does not necessarily indicate that a significant hearing loss has occurred.
 
2. These criteria are intended to help identify where there may be flaws in your hearing loss prevention program that can be fixed before permanent hearing loss occurs.
 
3. There are additional statistical tools and tests that may be used to improve the effectiveness of your program.
 
4. Staff conducting audiometric testing and auditing may be able to suggest additional ways to improve your hearing loss prevention program and tailor it to your worksite.
((You must:
•)) (3) You must evaluate the following, at a minimum, when responding to a standard threshold shift:
((–)) (a) Employee noise exposure measurements;
((–)) (b) Noise controls in the work area;
((–)) (c) The selection of hearing protection available and refit employees as necessary;
((–)) (d) Employee training on noise and the use of hearing protection and conduct additional training as necessary.
Reference:
1. You may use the option of auditing hearing protection (see WAC 296-817-500) for employees hired or transferred to jobs with noise exposure for less than one year.
 
2. You may also use audiograms provided by a third-party hearing loss prevention program in some circumstances.
 
3. Details of these program options are found in WAC 296-817-500, Options to audiometric testing.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-20040 Document your hearing loss prevention activities.
((You must:
•)) You must create and retain records documenting noise exposures. Include, at a minimum:
((–)) (1) Exposure measurements required by this chapter for at least two years and for as long as you rely upon them to determine employee exposure;
((–)) (2) Audiometric test records for the duration of employment for the affected employees;
((–)) (3) Hearing protection audits, if you choose to rely upon them, for the duration of employment of the affected employees.
Note:
((•)) 1. You need to keep as complete a record as possible. Records developed under previous rules or in other jurisdictions need to be kept, even when they do not fulfill the full requirements of this chapter.
 
2. Similarly, records found to have errors in collection or processing need to be kept if they provide an indication of employee exposure or medical condition not found in other records.
 
((•)) 3. You may want to consider your other business needs, such as worker's compensation claims management, before discarding these records.
Reference:
You need to follow additional requirements for records considered employee exposure or medical records. See chapter 296-62 WAC, Part B, Access to records for requirements for access to records, employee rights, and transfer of records.
((NOISE MEASUREMENT AND COMPUTATION))
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-300 ((Summary.)) Noise measurement and computation.
Summary
Your responsibility:
Conduct noise monitoring or measurement to evaluate employee exposures in your workplace.
((You must:
Make sure that noise-measuring equipment meets recognized standards
WAC 296-817-30005
Measure employee noise exposure
WAC 296-817-30010
Use these equations when estimating full-day noise exposure from sound level measurements
WAC 296-817-30015.))
You must meet the requirements …
in this section:
Make sure that noise-measuring equipment meets recognized standards
WAC 296-817-30005
Measure employee noise exposure
WAC 296-817-30010
Use these equations when estimating full-day noise exposure from sound level measurements
WAC 296-817-30015
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-30005 Make sure that noise-measuring equipment meets recognized standards.
((You must:
•)) (1) You must make sure that noise dosimetry equipment meets these specifications:
((–)) (a) Dosimeters must be equipment class 2AS-90/80-5 of the American National Rule Specification for Personal Noise Dosimeters, ANSI S1.25-1991((,)).
(b) Such dosimeters are normally marked "Type 2."
Note:
Make sure any dosimeter you use is Type 2 equipment that:
 
((•)) 1. Uses slow integration and A-weighting of sound levels.
 
((•)) 2. Has the criterion level set to 90 dB, so the dosimeter will report a constant 8-hour exposure at 90 dBA as a 100% dose.
 
((•)) 3. Has the threshold level set at 80 dB, so the dosimeter will register all noise above 80 dB.
 
((•)) 4. Uses a 5 dB exchange rate for averaging of noise levels over the sample period.
((You must:
•)) (2) You must make sure that sound level meters meet these specifications:
((–)) (a) American National Standard Specification for Sound Level Meters, S1.4-1984, Type 2 requirements for sound level meters((,)).
(b) Such sound level meters are normally marked "Type 2."
((■)) (i) For continuous noise measurements, the meter must be capable of measuring A-weighted sound levels with slow response.
((■)) (ii) For impulse or impact noise measurements, the meter must be capable of indicating maximum C-weighted sound level measurements with fast response.
((•)) (3) Calibrate dosimeters and sound level meters used to monitor employee noise exposure:
((–)) (a) Before and after each day's use ((AND
–)); and
(b) Following the instrument manufacturer's calibration instructions.
Note:
((•)) 1. You may conduct dosimetry using an exchange rate less than 5 dB and compare the results directly to the noise evaluation criteria in Table 1.
 
((•)) 2. For measuring impulse and impact noise you may also use a sound level meter set to measure maximum impulse C-weighted sound levels or peak C-weighted sound levels.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-30010 Measure employee noise exposure.
((IMPORTANT:)) Important:
A noise dosimeter is the basis for determining total daily noise exposure for employees. However, where you have constant noise levels, you may estimate employee noise exposure using measurements from a sound level meter. Calculation of the employee noise exposure must be consistent with WAC 296-817-30015.
((You must:
•)) (1) You must include all:
((–)) (a) Workplace noise from equipment and machinery in use;
((–)) (b) Other noise from sources necessary to perform the work;
((–)) (c) Noise outside the control of the exposed employees.
((•)) (2) You must use a noise dosimeter when necessary to measure employee noise dose.
((•)) (3) You must use a sound level meter to evaluate continuous and impulse noise levels.
((•)) (4) You must identify all employees whose exposures equal or exceed the Noise Evaluation Criteria in Table 1:
Table 1
Noise Evaluation Criteria
Criteria
Description
Requirements
85 dBA TWA8
Full-day employee noise exposure dose. If you have one or more employees whose exposure equals or exceeds this level, you must have a hearing loss prevention program.
((–)) Hearing protection
((–)) Training
((–)) Audiometric testing
90 dBA TWA8
Full-day employee noise exposure dose. If you have one or more employees whose exposure equals or exceeds this level, you must reduce employee noise exposures in the workplace.
Noise controls
(in addition to the requirements for 85 dBA TWA8)
115 dBA measured using slow response
Extreme noise level (greater than one second in duration).
((–)) Hearing protection
((–)) Signs posted in work areas warning of exposure
140 dBC measured using fast response
Extreme impulse or impact noise (less than one second in duration).
Hearing protection
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-30015 Use these equations when estimating full-day noise exposure from sound level measurements.
((You must:
•)) You must compute employee's full-day noise exposure by using the appropriate equations from Table ((3)) 2 "Noise Dose Computation" when using a sound level meter to estimate noise dose.
Table ((3)) 2
Noise Dose Computation
Description
Equation
Compute the noise dose based on several time periods of constant noise during the shift
The total noise dose over the work day, as a percentage, is given by the following equation where Cn indicates the total time of exposure at a specific noise level, and Tn indicates the reference duration for that level.
((D = 100*((C1/T1) + (C2/T2) +(C3/T3) + ... + (Cn/Tn))))
 
The reference duration is equal to the time of exposure to continuous noise at a specific sound level that will result in a one hundred percent dose
The reference duration, T, for sound level, L, is given in hours by the equation:
((T = 8/(2^((L - 90)/5))))
 
Given a noise dose as a percentage, compute the equivalent eight-hour time weighted average noise level
The equivalent eight-hour time weighted average, TWA8, is computed from the dose, D, by the equation:
((TWA8 = 16.61* Log10(D/100) + 90))
 
((AUDIOMETRIC TESTING))
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-400 ((Summary.)) Audiometric testing.
Summary
Your responsibility:
To conduct audiometric testing of employees exposed to noise to make sure that their hearing protection is effective.
((You must:
Provide audiometric testing at no cost to employees
WAC 296-817-40005
Establish a baseline audiogram for each exposed employee
WAC 296-817-40010
Conduct annual audiograms
WAC 296-817-40015
Review audiograms that indicate a standard threshold shift
WAC 296-817-40020
Keep the baseline audiogram without revision, unless annual audiograms indicate a persistent threshold shift or a significant improvement in hearing
WAC 296-817-40025
Make sure a record is kept of audiometric tests
WAC 296-817-40030
Make sure audiometric testing equipment meets these requirements
WAC 296-817-40035.))
You must meet the requirements …
in this section:
Provide audiometric testing at no cost to employees
WAC 296-817-40005
Establish a baseline audiogram for each exposed employee
WAC 296-817-40010
Conduct annual audiograms
WAC 296-817-40015
Review audiograms that indicate a standard threshold shift
WAC 296-817-40020
Keep the baseline audiogram without revision, unless annual audiograms indicate a persistent threshold shift or a significant improvement in hearing
WAC 296-817-40025
Make sure a record is kept of
audiometric tests
WAC 296-817-40030
Make sure audiometric testing equipment meets these requirements
WAC 296-817-40035
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-40005 Provide audiometric testing at no cost to employees.
((You must:
•)) You must provide audiograms, including any required travel or necessary additional examinations or testing, at no cost to exposed employees.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-40010 Establish a baseline audiogram for each exposed employee.
((You must:
•)) (1) You must conduct a baseline audiogram when an employee is first assigned to work involving noise exposures that equal or exceed 85 dBA TWA8.
((–)) (a) Make sure this audiogram is completed no more than one hundred eighty days after the employee is first assigned ((OR
–)); or
(b) Make sure employee is covered by a hearing protection audit program (as described by WAC 296-817-500 and available as an alternative only for employees hired for less than one year).
Note:
Employers who utilize mobile test units are allowed up to one year to obtain a valid baseline audiogram for each exposed employee. The employees must still be given training and hearing protection as required by this chapter.
((You must:
•)) (2) You must make sure employees are not exposed to workplace noise at least fourteen hours before testing to establish a baseline audiogram.
((–)) Hearing protectors may be used to accomplish this.
((•)) (3) You must notify employees of the need to avoid high levels of nonoccupational noise exposure (such as loud music, headphones, guns, power tools, motorcycles, etc.) during the fourteen-hour period immediately preceding the baseline audiometric examination.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-40015 Conduct annual audiograms.
((You must:
•)) (1) You must conduct annual audiograms for employees as long as they continue to be exposed to noise that equals or exceeds 85 dBA TWA8.
Note:
1. Annual audiometric testing may be conducted at any time during the work shift. By conducting the annual audiogram during the work shift with the employee exposed to typical noise for their job, the test may record a temporary threshold shift.
 
2. This makes the test more sensitive to potential hearing loss and may help you improve employee protection before a permanent threshold shift occurs. A suspected temporary shift is one reason an employer may choose to retest employee hearing.
((You must:
•)) (2) You must make sure each employee is informed of the results of his or her audiometric test.
((–)) Include whether or not there has been a hearing level decrease or improvement since their previous test.
((•)) (3) You must make sure each employee's annual audiogram is compared to his or her baseline audiogram by an audiologist, otolaryngologist, another qualified physician, or the technician conducting the test to determine if a standard threshold shift has occurred.
((–)) If the annual audiogram indicates that an employee has suffered a standard threshold shift, you may obtain a retest within thirty days and consider the results of the retest as the annual audiogram.
((•)) (4) You must make sure that an audiologist, otolaryngologist, or other qualified physician sees any annual audiogram that indicates a standard threshold shift.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-40020 Review audiograms that indicate a standard threshold shift.
((You must:
•)) (1) You must make sure the health care professional supervising audiograms has:
((–)) (a) A copy of this chapter;
((–)) (b) The baseline audiogram and most recent audiogram of the employee to be evaluated;
((–)) (c) Background noise level records for the testing room;
((–)) (d) Calibration records for the audiometer.
((•)) (2) You must obtain an opinion from the health care professional supervising audiograms as to whether the audiograms indicate possible occupational hearing loss and any recommendations for changes in hearing protection.
((•)) (3) You must pay for any clinical audiological evaluation or otological examination required by the reviewer, if:
((–)) (a) Additional review is necessary to evaluate the cause of hearing loss ((OR
–)); or
(b) If there is indication of a medical condition of the ear caused or aggravated by the wearing of hearing protectors.
((•)) (4) You must inform the employee in writing of the existence of a standard threshold shift within twenty-one calendar days of the determination.
((•)) (5) You must make arrangements for the reviewer to communicate to the employee any suspected medical conditions that are found unrelated to your workplace. This information is confidential and must be handled appropriately.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-40025 Keep the baseline audiogram without revision, unless annual audiograms indicate a persistent threshold shift or a significant improvement in hearing.
((You must:
•)) You must keep the baseline audiogram without revision, unless a qualified reviewer determines:
((–)) (1) The standard threshold shift revealed by the audiogram is persistent ((OR
–)); or
(2) The hearing threshold shown in the annual audiogram indicates significant improvement over the baseline audiogram.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-40030 Make sure a record is kept of audiometric tests.
((You must:
•)) You must retain a legible copy of all employee audiograms conducted under this chapter.
((–)) Make sure the record includes:
((■)) (1) Name and job classification of the employee;
((■)) (2) Date of the audiogram;
((■)) (3) The examiner's name;
((■)) (4) Date of the last acoustic or exhaustive calibration of the audiometer;
((■)) (5) Employee's most recent noise exposure assessment;
((■)) (6) The background sound pressure levels in audiometric test rooms.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-40035 Make sure audiometric testing equipment meets these requirements.
((You must:
•)) (1) You must use pure tone, air conduction, hearing threshold examinations, with test frequencies including as a minimum 500, 1000, 2000, 3000, 4000, and 6000 Hz.
((–)) (a) Tests at each frequency must be taken separately for each ear;
((–)) (b) Supra-aural headphones must be used.
((•)) (2) You must conduct audiometric tests with audiometers (including microprocessor audiometers) that meet the specifications of, and are maintained and used according to, American National Standard Specification for Audiometers, S3.6-1996.
((•)) (3) You must check the functional operation of the audiometer each day before use by doing all of the following:
((–)) (a) Make sure the audiometer's output is free from distorted or unwanted sound;
((–)) (b) Test either a person with known, stable hearing thresholds or a bio-acoustic simulator;
((–)) (c) Perform acoustic calibration for deviations of 10 dB or greater.
((•)) (4) You must check audiometer calibration must be checked acoustically at least annually to verify continued conformance with ANSI S3.6-1996. Test frequencies below 500 Hz and above 6000 Hz may be omitted from this check.
((•)) (5) You must perform an exhaustive calibration must be performed at least every two years according to the American National Standard Specification for Audiometers, S3.6-1996. Test frequencies below 500 Hz and above 6000 Hz may be omitted from the calibration.
((•)) (6) You must provide audiometric test rooms that meet the requirements of ANSI S3.1-1999 American National Standard Maximum Permissible Ambient Noise Levels for Audiometric Test Rooms using the following table of maximum ambient sound pressure levels:
Table 4
Maximum Ambient Sound Pressure Levels
Frequency (Hz)
500
1000
2000
4000
8000
Sound
Pressure
Level (dB)
40
40
47
57
62
Note:
The American Industrial Hygiene Association and National Hearing Conservation Association recommend conducting audiograms using the requirements of ANSI S3.1-1999 American National Standard Maximum Permissible Ambient Noise Levels for Audiometric Test Rooms with adjustments at only 500 Hz and below.
((OPTIONS TO AUDIOMETRIC TESTING))
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-500 ((Summary.)) Options to audiometric testing.
Summary
Your responsibility:
This section provides options to baseline audiometric testing for employees assigned to duties with noise exposures for less than one year. These program options may also be used to provide added assessment of longer-term employees in addition to audiometric testing.
The requirements of this section apply only if you decide to use auditing or a third-party hearing loss prevention program and do not conduct baseline audiometric testing for those employees.
Hearing Protection Audits
((You must:
Conduct hearing protection audits at least quarterly
WAC 296-817-50005
Make sure staff conducting audits are properly trained
WAC 296-817-50010
Assess the hearing protection used by each employee during audits
WAC 296-817-50015
Document your hearing protection audits
WAC 296-817-50020))
You must meet the requirements …
in this section:
Conduct hearing protection audits at least quarterly
WAC 296-817-50005
Make sure staff conducting audits are properly trained
WAC 296-817-50010
Assess the hearing protection used by each employee during audits
WAC 296-817-50015
Document your hearing protection audits
WAC 296-817-50020
Third-Party Audiometric Testing
((You must:
Make sure third-party hearing loss prevention programs meet the following requirements
WAC 296-817-50025
IMPORTANT:))
You must meet the requirements …
in this section:
Make sure third-party hearing loss prevention programs meet the following requirements
WAC 296-817-50025
Important:
1. Hearing protection audits are a tool for use in evaluating your hearing loss prevention program in cases where audiometric testing does not provide a useful measure. For example, if most of your employees are hired on a temporary basis for a few months at a time, audiometric testing may not identify the small changes in hearing acuity that could occur. Auditing provides an alternative to audiometric testing in these cases.
2. Auditing is not required unless you use it in place of baseline audiometric testing for employees hired for a period of less than one year and is permitted as a substitute for audiometric testing only for these employees.
3. Third-party hearing loss prevention programs are full hearing loss prevention programs and are distinct from audiometric testing provided by third parties as part of your own hearing loss prevention program. These programs may be organized by labor groups, trade associations, labor-management cooperatives, or other organizations to:
((•)) (a) Cover a specific group of employees ((OR
•)); or
(b) Combine efforts for several employers with common employees.
4. Although you remain responsible for the program, third-party programs can have at least two benefits over running your own program:
((•)) (a) The audiometric testing is portable between the participating employers so new testing will not be needed when an employee changes employers;
((•)) (b) Employees who only work for short periods for any one employer can be monitored under the group program over a longer period of time increasing the effectiveness of the audiometric testing in preventing hearing loss for these employees.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-50005 Conduct hearing protection audits at least quarterly.
((You must:
•)) (1) You must conduct audits at least quarterly to provide a representative assessment of your workplace.
((–)) (a) The assessment is representative if it:
((■)) (i) Covers all processes and work activities in your business at full production levels ((AND
■)); and
(ii) Covers all employees present on the audit day.
((–)) (b) If your business is mobile or involves variable processes, auditing may need to be repeated more often than quarterly.
((–)) (c) Auditing does not need to be repeated more than monthly as long as a reasonable effort is made to cover:
((■)) (i) The activities with greatest exposure ((AND
■)); and
(ii) As many employees as possible.
((•)) (2) You must assess exposures and hearing protection for the full shift for each employee covered at the time of the audit.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-50010 Make sure staff conducting audits are properly trained.
((You must:
•)) You must make sure staff conducting hearing protection audits:
((–)) (1) Can demonstrate competence in:
((■)) (a) Evaluating hearing protection attenuation;
((■)) (b) Evaluating hearing protector choices;
((■)) (c) Assessing the correct use of hearing protectors.
((–)) (2) Are certified by the Council for Accreditation in Occupational Hearing Conservation (CAOHC) or have training in the following areas:
((■)) (a) Noise and hearing loss prevention;
((■)) (b) Washington state noise regulations;
((■)) (c) Hearing protectors;
((■)) (d) Fitting of hearing protectors;
((■)) (e) Basic noise measurement;
((■)) (f) Hearing loss prevention recordkeeping.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-50015 Assess the hearing protection used by each employee during audits.
((You must:
•)) You must confirm that:
((–)) (1) Current site conditions during audits are consistent with conditions existing during noise monitoring.
((–)) (2) The hearing protection used by the employee is sufficient and appropriate for the conditions.
((–)) (3) The hearing protection is worn properly.
((–)) (4) The employees are satisfied with the performance and comfort of the hearing protection.
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-50020 Document your hearing protection audits.
((You must:
•)) (1) You must keep a record of audit results for each employee assessed for the length of their employment and for the length of time you will rely upon the audit results.
((•)) (2) You must include the following information in the record:
((–)) (a) The make and model of the hearing protectors;
((–)) (b) The size of the protectors;
((–)) (c) Average noise exposure of the employee;
((–)) (d) Any problems found with use of the hearing protection;
((–)) (e) Any comments or complaints from the employee regarding the hearing protection.
((THIRD-PARTY AUDIOMETRIC TESTS))
AMENDATORY SECTION (Amending WSR 03-11-060, filed 5/19/03, effective 8/1/03)
WAC 296-817-50025 Make sure third-party hearing loss prevention programs meet the following requirements.
((IMPORTANT:)) Important:
Third-party hearing loss prevention programs are intended:
((•)) (1) For short-term employees hired or assigned to duties having noise exposures for less than one year ((AND
•)); and
(2) For seasonal employees.
However, other employees may be included as long as you meet all requirements for hearing loss follow-ups and recordkeeping.
((You must:
•)) (1) You must make sure that the third-party program is:
((–)) (a) Equivalent to an employer program as required by this chapter ((AND
–)); and
(b) Uses audiometric testing to evaluate hearing loss.
((•)) (2) You must make sure a licensed or certified audiologist, otolaryngologist, or other qualified physician administers the third-party program.
((•)) (3) You must make sure the third-party program has written procedures for:
((–)) (a) Communicating with participating employers of program requirements;
((–)) (b) Follow-up procedures for detected hearing loss;
((–)) (c) Annual review of participating employer programs.
((•)) (4) You must make sure the following program elements are corrected by you or the third-party program when deficiencies are found:
((–)) (a) Noise exposures;
((–)) (b) Hearing protection;
((–)) (c) Employee training;
((–)) (d) Noise controls.
((•)) (5) You must obtain a review of your hearing loss prevention program at least once per year, conducted by the third-party program administrator or their representative, in order to:
((–)) (a) Identify any tasks needing a revised selection of hearing protection ((AND
–)); and
(b) Provide an overall assessment of the employers' hearing loss prevention activities.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 296-817-600
Noise definitions.
NEW SECTION
WAC 296-823-099 Definitions.
Blood. Human blood, human blood components and products made from human blood. Also included are medications derived from blood, such as immune globulins, albumin, and factors 8 and 9.
Bloodborne pathogens. Pathogenic microorganisms that are present in human blood and can cause disease in humans. Examples of these pathogens include:
(a) Human immunodeficiency virus (HIV);
(b) Hepatitis B virus (HBV);
(c) Hepatitis C virus, malaria;
(d) Syphilis;
(e) Babesiosis;
(f) Brucellosis;
(g) Leptospirosis;
(h) Arboviral infections;
(i) Relapsing fever;
(j) Creutzfeld-Jakob Disease;
(k) Human T-lymphotrophic virus Type I;
(l) Viral Hemorrhagic Fever.
Clinical laboratory. A workplace where diagnostic or other screening procedures are performed on blood or other potentially infectious materials (OPIM).
Contaminated. The presence or the reasonably anticipated presence of blood or other potentially infectious materials (OPIM) on an item or surface.
Contaminated laundry. Laundry that has been soiled with blood or other potentially infectious materials (OPIM) or may contain contaminated sharps.
Contaminated sharps. Any contaminated object that can penetrate the skin including, but not limited to, needles, scalpels, broken glass, broken capillary tubes, and exposed ends of dental wires.
Decontamination. The use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal.
Exposure incident. A specific eye, mouth, other mucous membrane, nonintact skin or parenteral contact with blood or other potentially infectious materials (OPIM) that results from the performance of an employee's duties. Examples of nonintact skin include skin with dermatitis, hangnails, cuts, abrasions, chafing, or acne.
Handwashing facilities. A facility providing an adequate supply of running potable water, soap and single-use towels or air drying machines.
Licensed health care professional. A person whose legally permitted scope of practice allows him or her to independently perform the activities required by this rule.
Needleless systems. A device that does not use needles for any of the following:
(a) The collection of bodily fluids or withdrawal of body fluids after initial venous or arterial access is established;
(b) The administration of medication or fluids;
(c) Any other procedure involving the potential for occupational exposure to bloodborne pathogens due to percutaneous injuries from contaminated sharps.
Occupational exposure. Reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or OPIM that may result from the performance of an employee's duties.
Other potentially infectious materials (OPIM). Includes all of the following:
(a) Human body fluids: Semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids.
(b) Any unfixed tissue or organ (other than intact skin) from a human (living or dead).
(c) HIV-containing cell or tissue cultures, organ cultures, and HIV- or HBV-containing culture medium or other solutions; and blood, organs, or other tissues from experimental animals infected with HIV or HBV.
(d) Blood and tissues of experimental animals infected with bloodborne pathogens.
Parenteral contact. When mucous membranes or skin is pierced by needle sticks, human bites, cuts, or abrasions.
Personal protective equipment (PPE). Specialized clothing or equipment worn by an employee for protection against a hazard. General work clothes (for example, uniforms, pants, shirts, or blouses) not intended to function as protection against a hazard are not considered to be PPE.
Production facility. A facility engaged in industrial-scale, large-volume or high-concentration production of HIV or HBV.
Regulated waste. Regulated waste is any of the following:
(a) Liquid or semiliquid blood or other potentially infectious materials (OPIM);
(b) Contaminated items that would release blood or OPIM in a liquid or semiliquid state, if compressed;
(c) Items that are caked with dried blood or OPIM and are capable of releasing these materials during handling;
(d) Contaminated sharps;
(e) Pathological and microbiological wastes containing blood or OPIM.
Research laboratory. A laboratory producing or using research-laboratory-scale amounts of HIV or HBV. Research laboratories may produce high concentrations of HIV or HBV but not in the volume found in production facilities.
Safer medical devices. Medical devices that have been engineered to reduce the risk of needle sticks and other contaminated sharps injuries. These include not only sharps with engineered sharps injury protections and needleless systems but also other medical devices designed to reduce the risk of sharps injury exposures to bloodborne pathogens. Examples include blunt suture needles and plastic or Mylar-wrapped glass capillary tubes.
Secondary duty. Any job expectation outside the primary job duties assigned to that position.
Sharps with engineered sharps injury protections (SESIP). A nonneedle sharp or a needle device used for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids, with a built-in safety feature or mechanism that effectively reduces the risk of an exposure incident.
Source person. A person, living or dead, whose blood or other potentially infectious materials may be a source (OPIM) of occupational exposure to the employee. Examples include:
(a) Hospital and clinic patients;
(b) Clients in institutions for the developmentally disabled;
(c) Trauma victims;
(d) Clients of drug and alcohol treatment facilities;
(e) Residents of hospices and nursing homes;
(f) Human remains;
(g) Individuals who donate or sell blood or blood components.
Standard microbiological practices. Standard microbiological practices refer to procedures comparable to those outlined in the current edition of the Center for Disease Control "Biosafety in Microbiological and Biomedical Laboratories."
Sterilize. The use of a physical or chemical procedure to destroy all microbial life including highly resistant bacterial endospores.
Universal precautions. An approach to infection control. According to the concept of universal precautions, all human blood and certain human body fluids are treated as if known to be infectious for HIV, HBV, and other bloodborne pathogens.
Note:
Universal Blood-Body Fluid Precautions, Body Substance Isolation, and Standard Precautions expand on the concept of universal precautions to include all body fluids and substances as infectious. These concepts are acceptable alternatives to universal precautions.
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-100 Scope.
This chapter provides requirements to protect employees from exposure to blood or other potentially infectious materials (OPIM) that may contain bloodborne pathogens. Examples of bloodborne pathogens are the human immunodeficiency virus (HIV) and hepatitis B virus (HBV).
This chapter applies to you if you have employees with occupational exposure to blood or OPIM, even if no actual exposure incidents have occurred.
((Definitions:
Occupational exposure means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or OPIM that may result from the performance of an employee's duties.
Exposure incident means a specific eye, mouth, other mucous membrane, nonintact skin or parenteral contact with blood or other potentially infectious materials (OPIM) that results from the performance of an employee's duties. Examples of nonintact skin include skin with dermatitis, hangnails, cuts, abrasions, chafing, or acne.
Parenteral contact occurs when mucous membranes or skin is pierced by needlesticks, human bites, cuts, or abrasions.))
Occupations that are typically covered by this chapter. The following list illustrates a number of jobs typically associated with tasks that involve occupational exposure to blood or OPIM. The absence of a particular job from the list does not suggest that it falls outside the scope of this chapter. At the same time, employees in jobs found on the list are covered only if they have occupational exposure.
((•)) (1) Health care occupations.
((–)) (a) Physicians and physicians assistants.
((–)) (b) Nurses, nurse practitioners, dental hygienists, and other health care employees in clinics and offices.
((–)) (c) Employees of clinical, dental, and diagnostic laboratories.
((–)) (d) Housekeepers in health care facilities.
((–)) (e) Staff in laundries that provide service to health care facilities.
((–)) (f) Tissue bank personnel.
((–)) (g) Employees in blood banks and plasma centers who collect, transport, and test blood.
((–)) (h) Freestanding clinic employees (for example, hemodialysis clinics, urgent care clinics, health maintenance organization (HMO) clinics, and family planning clinics).
((–)) (i) Employees in clinics in industrial, educational, and correctional facilities.
((–)) (j) Staff of institutions for the developmentally disabled.
((–)) (k) Hospice employees.
((–)) (l) Home health care workers.
((–)) (m) Staff of nursing homes and long-term care facilities.
((–)) (n) HIV and HBV research laboratory and production facility workers.
((–)) (o) Medical equipment service and repair personnel.
((–)) (p) Emergency medical technicians, paramedics, and other emergency medical service providers.
((–)) (q) Nuclear medical technologists.
((•)) (2) Occupations outside health care.
((–)) (a) Firefighters, law enforcement personnel, and correctional officers.
((–)) (b) Workers in laundries that service public safety institutions.
((–)) (c) Employees assigned to provide emergency first aid by their employer (as either a primary or secondary duty).
((–)) (d) Employees who handle or pick up regulated waste.
((–)) (e) Hotel/motel employees that clean up blood or OPIM.
((–)) (f) Employees of funeral homes and mortuaries.
((Regulated waste.
Regulated waste is any of the following:
• Liquid or semiliquid blood or other potentially infectious materials (OPIM)
• Contaminated items that would release blood or OPIM in a liquid or semiliquid state, if compressed
• Items that are caked with dried blood or OPIM and are capable of releasing these materials during handling
• Contaminated sharps
• Pathological and microbiological wastes containing blood or OPIM.))
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-110 Planning.
Summary((.))
Your responsibility:
To plan ways to protect your employees from the risk of exposure to blood or other potentially infectious materials.
((You must:
Determine if you have employees with occupational exposure
WAC 296-823-11005
Develop and implement a written exposure control plan
WAC 296-823-11010.))
You must meet the requirements …
in this section:
Determine if you have employees with occupational exposure
WAC 296-823-11005
Develop and implement a written exposure control plan
WAC 296-823-11010
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-11005 Determine if you have employees with occupational exposure.
((You must:
•)) (1) You must prepare a written exposure determination if your employees have occupational exposure to blood or other potentially infectious materials (OPIM).
((–)) This determination must be made without considering the use of personal protective equipment (PPE).
((•)) (2) You must make sure the exposure determination contains:
((–)) (a) A list of job classifications where all employees have occupational exposure;
((–)) (b) A list of job classifications where some employees have occupational exposure and a description of all tasks and procedures or groups of related tasks and procedures with occupational exposure for these employees.
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-11010 Develop and implement a written exposure control plan.
((You must:
•)) (1) You must establish a written exposure control plan designed to eliminate or minimize employee exposure in your workplace.
Note:
The elements of your exposure control plan may be located in other documents such as policies and procedures. Make sure to reference their location in your plan.
((You must:
•)) (2) You must make sure the plan contains at least the following elements:
((–)) (a) The exposure determination, WAC 296-823-11005;
((–)) (b) A procedure for evaluating the circumstances surrounding exposure incidents, including documentation of the routes of exposure, and the circumstances under which the exposure incident happened;
((–)) (c) How and when you will implement applicable requirements of this rule.
Note:
The implementation dates need to be included only until your exposure control plan is fully implemented or when you are adding new requirements to your plan.
((You must:
•)) (3) You must document the infection control system used in your workplace to protect employees from exposure to blood or OPIM.
((–)) (4) You must use universal precautions or other at least as effective infection control systems.
Note:
1. Universal precautions is an infection control system that considers the blood and OPIM from all persons as containing a bloodborne disease, whether or not the person has been identified as having a bloodborne disease.
 
2. Other effective infection control systems include standard precautions, universal blood-body fluid precautions, and body substance isolation.
 
3. These methods define all body fluids and substances as infectious. They incorporate not only the fluids and materials covered by universal precautions and this chapter, but expand coverage to include all body fluids and substances.
((•)) (5) You must solicit input in the identification, evaluation, and selection of effective safer medical devices. This input must be solicited from nonmanagerial employees responsible for direct patient care with potential exposure to contaminated sharps.
((–)) (6) You must document the process you used to solicit input and include the identity of the employees or positions that were involved.
Note:
((•)) 1. You are not required to request input from every exposed employee; however, the employees selected must represent the range of exposure situations encountered in the workplace. Your safety committee may assist in identifying employees.
 
((•)) 2. Although you are required to include nonmanagerial employees, you are not prohibited from soliciting input from managerial and other employees.
((You must:
•)) (7) You must make sure the exposure control plan is reviewed and updated:
((–)) (a) At least annually ((AND
–)); and
(b) Whenever necessary to:
((■)) (i) Reflect new or modified tasks and procedures which affect occupational exposure;
((■)) (ii) Reflect new or revised job classifications with occupational exposure((.
♦));
(iii) Reflect changes in technology that eliminate or reduce exposure to bloodborne pathogens;
((♦)) (iv) Document consideration and implementation of appropriate commercially available and effective safer medical devices designed to eliminate or minimize occupational exposure.
((•)) (8) You must make sure a copy of the exposure control plan is accessible at the workplace, when exposed employees are present. For example, if the plan is stored only on a computer, all exposed employees must be trained to operate the computer.
((•)) (9) You must make sure a copy of the plan is provided to the employee or their representative within fifteen days of their request for a copy.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-120 Training.
Summary((.))
Your responsibility:
To train your employees about their risk of exposure to bloodborne pathogens and ways to protect themselves.
((You must:
Provide training to your employees
WAC 296-823-12005
Provide additional training
WAC 296-823-12010
Maintain training records
WAC 296-823-12015.))
You must meet the requirements ...
in this section:
Provide training to your employees
WAC 296-823-12005
Provide additional training
WAC 296-823-12010
Maintain training records
WAC 296-823-12015
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-12005 Provide training to your employees.
((You must:
•)) (1) You must make sure all employees with occupational exposure participate in a training program that is:
((–)) (a) Provided at no cost to them; and
((–)) (b) Conducted during compensated working hours.
((•)) (2) You must provide training when any of the following occur:
((–)) (a) Before assigning tasks where occupational exposure might occur;
((–)) (b) At least annually and within one year of the previous training.
((•)) (3) You must make sure the content and vocabulary of your training materials are appropriate to the educational level, literacy, and language of your employees.
((•)) (4) You must make sure the person conducting the required training is knowledgeable about the subject matter as it relates to your workplace.
((•)) (5) You must make sure the training program contains at least the following elements:
((–)) (a) An accessible copy of this chapter and an explanation of the contents;
((–)) (b) A general explanation of the epidemiology and symptoms of bloodborne diseases;
((–)) (c) An explanation of how bloodborne pathogens are transmitted;
((–)) (d) An explanation of your exposure control plan and how the employee can obtain a copy of the written plan;
((–)) (e) An explanation of how to recognize tasks and other activities that could involve exposure to blood and other potentially infectious materials (OPIM);
((–)) (f) An explanation of the use and limitations of methods that will prevent or reduce exposure including:
((•)) (i) Equipment and safer medical devices;
((•)) (ii) Work practices;
((•)) (iii) Personal protective equipment.
((–)) (g) Information about personal protective equipment (PPE) including:
((•)) (i) The types;
((•)) (ii) Proper use and limitations;
((•)) (iii) Selection;
((•)) (iv) Location;
((•)) (v) Putting it on and taking it off;
((•)) (vi) Handling;
((•)) (vii) Decontamination;
((•)) (viii) Disposal.
((–)) (h) Information about the hepatitis B vaccine, including:
((•)) (i) Information about its effectiveness;
((•)) (ii) Safety;
((•)) (iii) Method of administration;
((•)) (iv) The benefits of being vaccinated;
((•)) (v) Offered at no cost to the employee for the vaccine and vaccination.
((–)) (i) Information about what actions to take and persons to contact when exposure to blood or OPIM occurs outside of the normal scope of work;
((–)) (j) An explanation of the procedure to follow if an exposure incident occurs, including:
((•)) (i) The method of reporting the incident;
((•)) (ii) The medical evaluation and follow-up that will be available.
((–)) (k) Information about the post-exposure evaluation and follow-up procedure following an exposure incident;
((–)) (l) An explanation of the signs and labeling or color-coding required by this chapter;
((–)) (m) An opportunity for interactive questions and answers with the trainer at the time of the training session.
Note:
This may be person-to-person, by telephone, or by e-mail, as long as the employee can both ask and receive answers during the training session.
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-12010 Provide additional training.
((You must:
•)) You must provide additional training when you add or change tasks or procedures that affect the employee's occupational exposure.
Note:
This training may be limited to the changes in tasks and procedures.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-12015 Maintain training records.
((•)) (1) You must maintain training records for three years from the date of the training.
((•)) (2) You must include the following information in your training records:
((–)) (a) Dates of the training sessions;
((–)) (b) Contents or a summary of the training sessions;
((–)) (c) Names and qualifications of persons conducting the training;
((–)) (d) Names and job titles of all persons attending the training sessions.
((•)) (3) Provide these employee-training records upon request for examination and copying to any of the following:
((–)) (a) Employees;
((–)) (b) Employee representatives.
Helpful tool:
Training documentation
A training documentation form is provided for your use in the resource section of this chapter.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-130 Hepatitis B virus (HBV) vaccinations.
Summary((.))
Your responsibility:
To make the vaccination available to your employees so they are protected from the hepatitis B virus (HBV).
((You must:
Make hepatitis B vaccination available to employees
WAC 296-823-13005
Obtain a copy of the health care professional's written opinion for hepatitis B vaccination and provide it to the employee
WAC 296-823-13010.))
You must meet the requirements ...
in this section:
Make hepatitis B vaccination available to employees
WAC 296-823-13005
Obtain a copy of the health care professional's written opinion for hepatitis B vaccination and provide it to the employee
WAC 296-823-13010
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-13005 Make hepatitis B vaccination available to employees.
((Exemption:)) EXEMPTION:
((•)) 1. You are not required to provide the hepatitis B vaccination series to employees who meet any of the following:
((–)) a. The employee has previously received the complete hepatitis B vaccination series;
((–)) b. An antibody test has revealed that the employee is immune to hepatitis B;
((–)) c. There are medical reasons not to give the vaccine.
((•)) 2. You are not required to provide the hepatitis B vaccination series to employees assigned to provide first aid only as a secondary duty, when you do all of the following:
((–)) a. Make hepatitis B vaccination available to all unvaccinated first-aid providers who render assistance in any situation involving the presence of blood or OPIM. ((■)) Vaccination must be made available as soon as possible, but no later than twenty-four hours after the incident((.));
((–)) b. Provide a reporting procedure that ensures all first-aid incidents that involve the presence of blood or OPIM are reported before the end of the work shift;
((–)) c. Document first-aid incidents that involve blood or OPIM, include at least:
((■)) i. The names of all first-aid providers who rendered assistance;
((■)) ii. The time and date of the first-aid incident;
((■)) iii. A description of the first-aid incident.
((•)) 3. Make sure that the hepatitis B vaccination series is available to all employees who have occupational exposure and that it is:
((–)) a. Available at no cost to the employee;
((–)) b. Available to the employee at a reasonable time and location;
((–)) c. Administered by or under the supervision of a licensed physician or by another licensed health care professional;
((–)) d. Provided according to recommendations of the United States Public Health Service that are current at the time these evaluations and procedures take place;
((–)) e. Available to any employee who initially declines the vaccination but later decides to accept it while they are still covered by this chapter;
((–)) f. Made available after the employee has received training required by this chapter and within ten working days of initial assignment.
((Link:)) Reference:
You can find more information about the United States Public Health Service recommendations for hepatitis B vaccination at http://www.cdc.gov/ncidod/diseases/hepatitis/b/index.htm.
((You must:
•)) (1) You must make sure participation in a prevaccination screening program for antibody status is not a condition for receiving hepatitis B vaccination.
((•)) (2) You must make sure that all laboratory tests are conducted by a laboratory licensed by the state or Clinical Laboratory Improvement Amendments (act) (CLIA).
((•)) (3) Make sure employees who decline the hepatitis B vaccination, offered by you, sign a form with this statement:
"I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring hepatitis B virus (HBV) infection. I have been given the opportunity to be vaccinated with hepatitis B vaccine, at no charge to myself. However, I decline hepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with hepatitis B vaccine, I can receive the vaccination series at no charge to me."
Helpful tool:
Sample declination form:
The declination form can help you document employees who have declined the hepatitis B vaccine. You can find a copy of this form in the resource section of this chapter.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-13010 Obtain a copy of the health care professional's written opinion for hepatitis B vaccination and provide it to the employee.
((You must:
•)) (1) You must obtain and provide the employee a copy of the evaluating health care professional's written opinion for hepatitis B vaccination within fifteen days of the employee's evaluation.
Note:
((•)) 1. If the health care professional provides the written opinion directly to the employee, you do not need to do so.
 
((•)) 2. If the employee's personal health care professional completes the evaluation, you are not required to obtain the health care professional's written opinion.
((You must:
•)) (2) You must make sure the health care professional's written opinion is limited to whether a hepatitis B vaccination is indicated and if the employee has received this vaccination.
((•)) (3) You must make sure that all other findings or diagnoses remain confidential and are not included in the written report.
Reference:
Requirements for the health care professional's written opinion on post-exposure evaluation can be found in WAC 296-823-16030.
Helpful tool:
Health care professional's written opinion for post-exposure evaluation and health care provider's written opinion for hepatitis B vaccination.
These forms are available for your use in the resource section of this chapter.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-140 Control employee exposure.
Summary((.))
Your responsibility:
To use feasible controls to eliminate or minimize occupational exposure to blood or other potentially infectious materials (OPIM).
((IMPORTANT:)) Important:
If occupational exposure remains after implementing these controls, personal protective equipment must be used. See WAC 296-823-150, Personal protective equipment.
((You must:
Use appropriate equipment and safer medical devices to eliminate or minimize occupational exposure
WAC 296-823-14005
Handle contaminated sharps properly and safely
WAC 296-823-14010
Handle reusable sharps properly and safely
WAC 296-823-14015
Minimize splashing, spraying, splattering and generation of droplets
WAC 296-823-14020
Make sure items are appropriately labeled
WAC 296-823-14025
Make sure employees clean their hands
WAC 296-823-14030
Prohibit food, drink, and other personal activities in the work area
WAC 296-823-14035
Prohibit pipetting or suctioning by mouth
WAC 296-823-14040
Place specimens in an appropriate container
WAC 296-823-14045
Examine and label contaminated equipment
WAC 296-823-14050
Make sure your worksite is maintained in a clean and sanitary condition
WAC 296-823-14055
Handle regulated waste properly and safely
WAC 296-823-14060
Handle contaminated laundry properly and safely
WAC 296-823-14065.))
You must meet the requirements ...
in this section:
Use feasible controls, including appropriate equipment and safer medical devices, to eliminate or minimize occupational exposure
WAC 296-823-14005
Handle contaminated sharps properly and safely
WAC 296-823-14010
Handle reusable sharps properly and safely
WAC 296-823-14015
Minimize splashing, spraying, splattering and generation of droplets
WAC 296-823-14020
Make sure items are appropriately labeled
WAC 296-823-14025
Make sure employees clean their hands
WAC 296-823-14030
Prohibit food, drink, and other personal activities in the work area
WAC 296-823-14035
Prohibit pipetting or suctioning by mouth
WAC 296-823-14040
Place specimens in an appropriate container
WAC 296-823-14045
Examine and label contaminated equipment
WAC 296-823-14050
Make sure your worksite is maintained in a clean and sanitary condition
WAC 296-823-14055
Handle regulated waste properly and safely
WAC 296-823-14060
Handle contaminated laundry properly and safely
WAC 296-823-14065
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-14005 Use feasible controls, including appropriate equipment and safer medical devices, to eliminate or minimize occupational exposure.
((You must:
•)) (1) You must use appropriate equipment and safer medical devices to eliminate or minimize employee exposure.
((•)) (2) You must use work practices designed to eliminate or minimize employee exposure.
((•)) (3) You must examine and maintain or replace equipment and safer medical devices on a regular schedule to make sure they remain effective.
Note:
((•)) 1. Examples of appropriate equipment include:
 
((–)) a. Sharps containers;
 
((–)) b. Biosafety cabinets;
 
((–)) c. Splash guards;
 
((–)) d. Centrifuge cups;
 
((–)) e. Specimen storage and transport containers.
 
((•)) 2. Examples of safer medical devices include:
 
((–)) a. Sharps with engineered sharps injury protections (SESIP);
 
((–)) b. Needleless systems;
 
((–)) c. Blunt suture needles;
 
((–)) d. Plastic capillary tubes.
 
((•)) 3. Examples of work practices include:
 
((–)) a. No-hands procedures in handling contaminated sharps;
 
((–)) b. No hand-to-hand instrument passing.
((Definition:
Sharps with engineered sharps injury protections (SESIP) is
 
A nonneedle sharp or a needle device used for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids, with a built-in safety feature or mechanism that effectively reduces the risk of an exposure incident.))
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-14010 Handle contaminated sharps properly and safely.
((You must:
•)) (1) You must make sure that you don't bend, recap, or remove contaminated needles or other contaminated sharps unless you can demonstrate that there is no feasible alternative or that it's required by a specific medical or dental procedure.
((–)) Bending, recapping or needle removal must be done by using a mechanical device or a one-handed technique.
Note:
Demonstrating that no alternative to bending, recapping, or removing contaminated sharps is feasible, may be accomplished through written justification, supported by reliable evidence, in your exposure control plan.
((You must:
–)) (2) You must make sure you don't shear or break contaminated needles.
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-14015 Handle reusable sharps properly and safely.
((You must:
–)) (1) You must place contaminated reusable sharps immediately, or as soon as possible after use, in appropriate containers until properly decontaminated. Containers must be all of the following:
((–)) (a) Puncture resistant;
((–)) (b) Labeled or color-coded as described in this chapter;
((–)) (c) Leakproof on the sides and bottom;
((–)) (d) Meet the same requirements as the container for disposable sharps, except they do not need to be closable.
((•)) (2) You must store or process contaminated reusable sharps so employees aren't required to reach into the container or sink by hand.
((•)) (3) You must make sure reusable sharps containers aren't opened, emptied, or cleaned manually or in any other manner that would expose employees to contaminated sharps.
Reference:
Requirements for appropriate labels and color-coding are found in WAC 296-823-14025.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-14020 Minimize splashing, spraying, splattering, and generation of droplets.
((You must:
•)) You must make sure all procedures involving blood or OPIM are performed so splashing, spraying, spattering, and generation of droplets are minimized.
((–)) Examples include:
((■)) (1) Appropriate operation and use of recommended controls for surgical power tools, lasers and electrocautery devices.
((■)) (2) Use of personal protective equipment when contact with blood or OPIM is reasonably anticipated.
((■)) (3) Making sure cleaning procedures do not generate unnecessary splashes, spraying, spattering, or generation of droplets.
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-14025 Make sure items are appropriately labeled.
((Exemptions:)) EXEMPTIONS:
The following are exempt from the labeling requirements of this chapter:
 
((•)) 1. Individual containers placed in an appropriately labeled secondary container.
 
((•)) 2. Regulated waste that has been decontaminated.
 
((•)) 3. Containers of blood, blood components, or blood products that are labeled with their contents and have been released for transfusion or other clinical use.
 
((•)) 4. Extracted teeth, gallstones, kidney stones, or other tissues and body substances that are given to patients.
((You must:
•)) (1) You must attach appropriate labels to:
((–)) (a) Containers used to store, transport, or ship blood or other potentially infectious materials (OPIM) including:
((■)) (i) Refrigerators;
((■)) (ii) Freezers.
((–)) (b) Sharps containers;
((–)) (c) Contaminated equipment;
((–)) (d) Laundry bags and containers;
((–)) (e) Specimen containers;
((–)) (f) Regulated waste containers.
((•)) (2) You must make sure that labels:
((■)) (a) Include the following symbol:
 
((■)) (b) Are all or mostly fluorescent orange or orange-red with lettering and symbol in a contrasting color.
((■)) (c) Are attached to the container by string, wire, adhesive, or other method so they can't become lost or accidentally removed.
Note:
Red bags or red containers may be substituted for labels as long as they're:
 
((•)) 1. Covered in the exposure control plan.
 
((•)) 2. Communicated to all affected employees (including employees of laundry services, disposal services, and transport companies) whether they're your employees or not.
 
((•)) 3. The label does not always need to be attached to each individual container.
 
((•)) 4. For example, a cart carrying specimen containers could be labeled, rather than each individual container.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-14030 Make sure employees clean their hands.
((You must:)) (1) You must provide handwashing facilities that are readily accessible to employees, wherever feasible. If handwashing facilities are not feasible, provide either one of the following:
((–)) (a) Antiseptic towelettes;
((–)) (b) Antiseptic hand rub product along with clean cloth/paper towels.
(2) You must make sure employees clean their hands as soon as feasible after removing gloves and whenever there is the potential for contact with blood or other potentially infectious materials (OPIM).
(3) You must make sure employees do one of the following:
((•)) (a) Wash with soap and water;
((•)) (b) Use an appropriate waterless antiseptic hand rub product or towelettes, provided there are no signs of visible contamination;
((•)) (c) Use an appropriate waterless antiseptic hand rub product or towelettes followed by washing with soap and water as soon as possible, when hands are visibly contaminated and handwashing facilities are not immediately available.
Note:
An appropriate waterless antiseptic hand rub product is one that contains a 60-95% alcohol solution (isopropanol or ethanol).
((You must:
(3))) (4) You must make sure employees wash any skin with soap and water, or flush mucous membranes with water as soon as feasible following contact with blood or OPIM.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-14035 Prohibit food, drink, and other personal activities in the work area.
((You must:
•)) (1) You must make sure eating, drinking, smoking, applying cosmetics or lip balm, and handling contact lenses are prohibited in work areas where there is occupational exposure.
((•)) (2) You must make sure food and drink are not kept in refrigerators, freezers, shelves, cabinets, or on countertops or benchtops where there is a potential for exposure to blood or other potentially infectious materials (OPIM).
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-14040 Prohibit pipetting or suctioning by mouth.
((You must:
•)) You must prohibit mouth pipetting or suctioning of blood or other potentially infectious materials (OPIM).
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-14045 Place specimens in an appropriate container.
((You must:
•)) (1) You must place specimens of blood or other potentially infectious materials (OPIM) in an appropriate container that prevents leakage during collection, handling, processing, storage, transport, or shipping.
((•)) (2) You must make sure the container is properly labeled or color-coded and closed before being stored, transported, or shipped.
((–)) (a) If outside contamination of the container occurs, the container must be placed inside a second container that prevents leakage and is properly labeled or color-coded;
((–)) (b) If the specimen could puncture the container, the container must be placed inside a second container that:
((■)) (i) Is puncture-resistant;
((■)) (ii) Prevents leakage during handling, processing, storage, transport, or shipping;
((■)) (iii) Is properly labeled or color-coded.
((Exemptions:)) EXEMPTIONS:
1. When your facility handles all specimens using universal precautions or other equivalent infection control systems, you don't have to label/color-code specimens as long as the containers can be recognized as containing specimens.
 
2. This exemption only applies while these specimens/containers remain within the facility. Proper labeling or color-coding is required when specimens/containers leave the facility.
Reference:
Requirements for appropriate labels and color-coding are found in WAC 296-823-14025.
Helpful tool:
Guidance on the handling and storage of criminal evidence
This tool contains information about the handling and storage of criminal evidence. Criminal evidence contaminated with blood or OPIM is considered a specimen under the scope of this chapter. You can find a copy of this tool in the resource section of this chapter.
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-14050 Examine and label contaminated equipment.
((You must:
•)) (1) You must examine equipment which could become contaminated with blood or other potentially infectious materials (OPIM) before servicing or shipping.
((–)) (a) Decontaminate this equipment and its parts as necessary unless you can demonstrate that decontamination isn't feasible.
((–)) (b) Attach an easily seen biohazard label to the equipment stating which portions remain contaminated.
Reference:
Requirements for appropriate labels and color-coding are found in WAC 296-823-14025.
((You must:
•)) (2) You must make sure that information on contaminated equipment is communicated to all affected employees, the servicing representative, and the manufacturer as appropriate, prior to handling, servicing, or shipping so that appropriate precautions will be taken.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-14055 Make sure your worksite is maintained in a clean and sanitary condition.
((You must:)) (1) You must develop an appropriate written schedule for cleaning and decontamination based upon the following:
((–)) (a) The location within the facility;
((–)) (b) Type of surface to be cleaned;
((–)) (c) Type of contamination present;
((–)) (d) Tasks or procedures being performed in the area.
(2) You must clean and decontaminate environmental and working surfaces and all equipment after contact with blood or other potentially infectious materials (OPIM).
((•)) (3) You must decontaminate work surfaces with an appropriate disinfectant at these times:
((–)) (a) After completion of a procedure;
((–)) (b) Immediately or as soon as possible when surfaces are clearly contaminated or after any spill of blood or OPIM;
((–)) (c) At the end of the workshift if the surface could have become contaminated since the last cleaning.
((•)) (4) You must remove and replace protective coverings, such as plastic wrap, aluminum foil, or imperviously backed absorbent paper used to cover equipment and environmental surfaces, as soon as possible ((when they)):
((–)) (a) When they clearly become contaminated;
((–)) (b) At the end of the workshift if they could have become contaminated during the shift.
((•)) (5) You must inspect and clean (on a regularly scheduled basis) all bins, pails, cans, and similar receptacles intended for reuse that have a reasonable likelihood for becoming contaminated with blood or OPIM.
((–)) Clean and decontaminate these types of receptacles immediately or as soon as possible when they are visibly contaminated.
((•)) (6) You must use a brush and dustpan, tongs, forceps, or other mechanical means to clean up broken glassware that may be contaminated.
Note:
1. An appropriate disinfectant is one that is effective against tuberculosis or HBV and HIV such as:
 
((•)) a. Diluted bleach solution (1:10 or 1:100).
 
((–)) i. Use the 1:10 bleach solution for spills and the 1:100 bleach solution for routine cleaning.
 
((–)) ii. You can make your own bleach solution. Using household bleach (5.25% sodium hypochlorite) follow these directions:
 
((•)) iii. For a 1:100 solution add 2 teaspoons (10 ml) to a container, then add water to make a quart (946 ml).
 
iv. For a 1:10 solution, add 1/3 cup (79 ml) and 1 tablespoon (15 ml) in a container, then add water to make a quart (946 ml).
 
b. EPA registered:
 
((•)) i. EPA registered tuberculocidals (List B).
 
((•)) ii. Sterilants (List A).
 
((•)) iii. Products registered against HIV/HBV (List D).
 
2. Any of the above products are considered effective when used according to the manufacturers' instructions. Higher level disinfection may be required depending on the agent or level of decontamination.
((Link:)) Reference:
These lists are available from the EPA Office of Pesticides, antimicrobial pesticides web site at http://www.epa.gov/oppad001/((chemregindex.htm)).
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-14060 Handle regulated waste properly and safely.
((Definition:
Regulated waste is any of the following:
• Liquid or semiliquid blood or other potentially infectious materials (OPIM)
• Contaminated items that would release blood or OPIM in a liquid or semiliquid state, if compressed
• Items that are caked with dried blood or OPIM and are capable of releasing these materials during handling
• Contaminated sharps
• Pathological and microbiological wastes containing blood or OPIM.
You must:
•)) (1) You must discard contaminated sharps immediately, or as soon as possible, in containers that are all of the following:
((–)) (a) Closable;
((–)) (b) Puncture resistant;
((–)) (c) Leakproof on sides and bottom;
((–)) (d) Appropriately labeled or color-coded;
((–)) (e) Easily accessible to personnel;
((–)) (f) Located as close as feasible to the immediate area where sharps are used or areas sharps can be reasonably anticipated to be found (for example, laundries);
((–)) (g) Maintained upright throughout use;
((–)) (h) Replaced routinely and not allowed to overfill.
((Exemptions:)) EXEMPTIONS:
Work areas such as correctional facilities, psychiatric units, pediatric units, or residential homes may have difficulty placing sharps containers in the immediate use area. In such situations, alternatives such as using lockable containers or bringing containers in and out of the work area may be used.
Note:
For additional information on placement and use of sharps containers see Selecting, Evaluating, and Using Sharps Disposal Containers, NIOSH Publication 97-111, January 1998. You can obtain a copy of this publication by calling 1-800-35-NIOSH or get an electronic version in pdf at ((http://www.cdc.gov/niosh/publistd.htm)) http://www.cdc.gov/niosh/docs/97-111/.
((You must:
•)) (2) You must make sure when you move containers of contaminated sharps, the containers are:
((–)) (a) Closed prior to removal or replacement to prevent spilling or protrusion of contents during handling, storage, transport, or shipping; and
((–)) (b) Placed in a secondary container, if leaking is possible. The second container must be:
((■)) (i) Closable;
((■)) (ii) Constructed to contain all contents and prevent leakage during handling, storage, transport, or shipping;
((■)) (iii) Appropriately labeled or color-coded.
((•)) (3) You must make sure regulated waste other than sharps is placed in containers that are all of the following:
((–)) (a) Closable;
((–)) (b) Constructed to contain all contents and prevent leakage of fluids during handling, storage, transport, or shipping;
((–)) (c) Closed prior to removal to prevent spillage or protrusion of contents during handling, storage, transport, or shipping;
((–)) (d) Placed in a second container if outside contamination of the primary regulated waste container occurs.
((■ The second container must meet these requirements.
–)) (4) You must make sure the second container is appropriately labeled or color-coded.
((•)) (5) You must dispose of all regulated waste according to applicable state and county regulations.
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-14065 Handle contaminated laundry properly and safely.
((You must:
•)) (1) You must handle laundry contaminated with blood or other potentially infectious material (OPIM) as little as possible and with a minimum of agitation.
((•)) (2) You must bag contaminated laundry or put it into a container at the location where it was used.
((–)) (a) Do not sort or rinse at the location of use.
((–)) (b) Place and transport contaminated laundry in bags or containers that are properly labeled or color-coded.
((–)) (c) If your facility ships contaminated laundry off-site to a second facility that doesn't use an infection control or isolation system when handling all of their soiled laundry, your facility must place the laundry in red bags or containers that are appropriately labeled.
Note:
If your facility uses an infection control or isolation system in the handling of all soiled laundry, you can use alternative labeling or color-coding so employees recognize that the containers need to be handled using these precautions.
Reference:
Requirements for appropriate labels and color-coding are found in WAC 296-823-14025 of this chapter.
((You must:
•)) (3) You must place and transport wet contaminated laundry that is likely to soak through or leak to the outside, in bags or containers that will prevent such leakage.
Reference:
You need to follow additional requirements to make sure that employees who have contact with contaminated laundry wear protective gloves and other personal protective equipment (PPE) as appropriate, see WAC 296-823-150, Personal protective equipment.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-150 Personal protective equipment (PPE).
Summary((.))
Your responsibility:
To provide and make sure personal protective equipment is used when work practices and controls will not fully protect your employees from the risk of exposure to blood or other potentially infectious materials.
((You must:
Provide and make sure that personal protective equipment is used when there is occupational exposure
WAC 296-823-15005
Make sure gloves are worn
WAC 296-823-15010
Make sure masks, eye protection, and face shields are worn
WAC 296-823-15015
Wear appropriate protective clothing
WAC 296-823-15020
Make resuscitator devices available
WAC 296-823-15025
Maintain personal protective equipment
WAC 296-823-15030.))
You must meet the requirements ...
in this section:
Provide and make sure personal protective equipment is used when there is occupational exposure
WAC 296-823-15005
Make sure gloves are worn
WAC 296-823-15010
Make sure appropriate masks, eye protection, and face shields are worn
WAC 296-823-15015
Wear appropriate protective clothing
WAC 296-823-15020
Make resuscitator devices available
WAC 296-823-15025
Maintain personal protective equipment
WAC 296-823-15030
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-15005 Provide and make sure personal protective equipment is used when there is occupational exposure.
((You must:
•)) (1) You must provide at no cost to employees, appropriate personal protective equipment such as:
((–)) (a) Gloves;
((–)) (b) Gowns;
((–)) (c) Laboratory coats;
((–)) (d) Face shields or a combination of masks and eye protection;
((–)) (e) Mouthpieces;
((–)) (f) Resuscitation bags;
((–)) (g) Pocket masks;
((–)) (h) Other ventilation devices.
Note:
((•)) PPE is considered "appropriate" only if it does NOT permit blood or other potentially infectious materials (OPIM) to pass through to or reach the employee's work clothes, street clothes, undergarments, skin, eyes, mouth, or other mucous membranes under normal conditions of use and for the duration of time which the protective equipment will be used.
((You must:
•)) (2) You must make sure that employees use appropriate PPE.
((–)) (a) In rare and extraordinary circumstances, employees can briefly and temporarily choose not to use PPE. If in their professional judgment, they believe that using PPE would prevent the delivery of health care or public safety services OR pose an increased hazard to themselves or co-workers.
((•)) (b) If the employee makes this judgment, you must investigate and document to determine if changes can be made to prevent future occurrences of the same situation.
((•)) (3) You must make sure that appropriate PPE, in sizes to fit your employees, is readily accessible at the worksite or issued to employees.
((•)) (4) You must make sure employees remove all PPE before leaving the work area.
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-15010 Make sure gloves are worn.
((You must:
•)) (1) You must make sure gloves appropriate to the situation are worn when:
((–)) (a) It can be reasonably anticipated that the employee may have hand contact with blood, other potentially infectious materials (OPIM), mucous membranes, or skin that is not intact;
((–)) (b) Handling or touching contaminated items or surfaces;
((–)) (c) Performing vascular access procedures, for example, drawing blood or inserting an IV.
((You must:
•)) (2) You must do the following when you are an employer in a volunteer blood donation center and you make the judgment that employees do not require routine use of gloves when performing phlebotomies:
((–)) (a) Periodically reevaluate your decision not to require gloves;
((–)) (b) Make gloves available to all employees who wish to use them for phlebotomy (blood drawing);
((–)) (c) Do not discourage the use of gloves for phlebotomy;
((–)) (d) Require that gloves be used for phlebotomy in ANY of the following circumstances:
((■)) (i) When the employee has a cut, scratch, or other break in the skin of his or her hand or wrist;
((■)) (ii) When the employee judges that hand contamination with blood may occur; for example, when performing phlebotomy on an uncooperative individual;
((■)) (iii) When the employee is receiving training in phlebotomy.
((You must:
•)) (3) You must make sure employees who are allergic to the gloves that are normally provided have ready access to at least one of the following:
((–)) (a) Nonlatex gloves;
((–)) (b) Glove liners;
((–)) (c) Powderless gloves;
((–)) (d) Other similar alternatives.
((•)) (4) You must replace disposable (single use) gloves such as surgical or examination gloves:
((–)) (a) As soon as practical when contaminated;
((–)) (b) As soon as practical if they are torn or punctured;
((–)) (c) When their ability to function as a barrier is compromised.
((•)) (5) Make sure disposable (single use) gloves are used only once.
((•)) (6) Discard utility gloves if they are cracked, peeling, torn, punctured, or show other signs of deterioration or when their ability to function as a barrier is compromised.
((–)) You may decontaminate utility gloves for reuse if they can continue to function as a barrier.
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-15015 Make sure appropriate masks, eye protection, and face shields are worn.
((You must:
•)) You must make sure either chin-length face shields or a combination of masks and eye protection are used, whenever splashes, spray, spatter, or droplets of blood or other potentially infectious materials (OPIM) may be generated and eyes, nose, or mouth contamination can be reasonably anticipated.
Note:
Examples of eye protection devices include goggles and glasses with solid side shields.
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-15020 Wear appropriate protective clothing.
((You must:
•)) (1) You must make sure appropriate protective clothing is worn when splashes to skin or clothes are reasonably anticipated. The type and characteristics will depend upon the sort of work being done and how much exposure is anticipated.
Note:
Examples of protective clothing include:
 
((–)) 1. Gowns;
 
((–)) 2. Aprons;
 
((–)) 3. Lab coats;
 
((–)) 4. Clinic jackets;
 
((–)) 5. Similar outer garments;
 
((–)) 6. Surgical caps or hoods;
 
((–)) 7. Shoe covers or boots.
((You must:
•)) (2) You must remove a garment as soon as feasible if blood or other potentially infectious materials (OPIM) penetrate it.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-15025 Make resuscitator devices available.
((You must:
•)) You must make resuscitator (emergency ventilation) devices readily available and accessible to employees who can reasonably be expected to perform resuscitation procedures.
Note:
Examples of resuscitator devices include:
 
((–)) 1. Masks;
 
((–)) 2. Mouthpieces;
 
((–)) 3. Resuscitation bags;
 
((–)) 4. Shields/overlay barriers.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-15030 Maintain personal protective equipment.
((You must:
•)) (1) You must clean, repair, replace, launder, and dispose of personal protective equipment required by this chapter, at no cost to the employee.
((•)) (2) You must make sure when PPE is removed, it is placed in an appropriately designated area or container for storage, washing, decontamination, or disposal.
Note:
Contaminated personal clothing is considered PPE for the purposes of this section.
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-160 Post-exposure requirements.
Summary((.))
Your responsibility:
To make sure employees who have been exposed to blood or other potentially infectious materials (OPIM) have appropriate post-exposure evaluation and follow-up available.
((You must:
Make a confidential medical evaluation and follow-up available to employees who experience an exposure incident
WAC 296-823-16005
Test the blood of the source person
WAC 296-823-16010
Provide the results of the source person's blood test to the exposed employee
WAC 296-823-16015
Collect and test the blood of the exposed employee
WAC 296-823-16020
Provide information to the health care professional evaluating the employee
WAC 296-823-16025
Obtain and provide a copy of the health care professional's written opinion on post-exposure evaluation to the employee
WAC 296-823-16030.))
You must meet the requirements …
in this section:
Make a confidential medical evaluation and follow-up available to employees who experience an exposure incident
WAC 296-823-16005
Test the blood of the source person
WAC 296-823-16010
Provide the results of the source person's blood test to the exposed employee
WAC 296-823-16015
Collect and test the blood of the exposed employee
WAC 296-823-16020
Provide information to the health care professional evaluating the employee
WAC 296-823-16025
Obtain and provide a copy of the health care professional's written opinion on post-exposure evaluation to the employee
WAC 296-823-16030
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-16005 Make a confidential medical evaluation and follow-up available to employees who experience an exposure incident.
((You must:
•)) (1) You must make immediately available a confidential post-exposure evaluation and follow-up to all employees with occupational exposure to blood or OPIM who report an exposure incident.
((Definition:
Exposure incident. Means a specific eye, mouth, other mucous membrane, nonintact skin or parenteral contact with blood or other potentially infectious materials (OPIM) that results from the performance of an employee's duties. Examples of nonintact skin include skin with dermatitis, hangnails, cuts, abrasions, chafing, or acne.
You must:
•)) (2) You must make sure that the post-exposure medical evaluation and follow-up are all of the following:
((–)) (a) Immediately available following an exposure incident;
((–)) (b) Confidential;
((–)) (c) At no cost to the employee;
((–)) (d) At a reasonable time and place;
((–)) (e) Administered by or under the supervision of a licensed physician or by another licensed health care professional;
((–)) (f) Provided according to recommendations of the United States Public Health Service current at the time these evaluations and procedures take place.
((•)) (3) You must make sure that the evaluation and follow-up includes AT LEAST these elements:
((–)) (a) Documentation of the routes of exposure, and the circumstances under which the exposure incident happened;
((–)) (b) Identification and documentation of the source individual, unless you can establish that identification is infeasible or prohibited by state or local law;
((–)) (c) Collection and testing of blood to detect the presence of HBV and HIV;
((–)) (d) Post-exposure preventive treatment, when medically indicated, as recommended by the United States Public Health Service;
((–)) (e) Counseling;
((–)) (f) Evaluation of reported illnesses.
((•)) (4) You must make sure that all laboratory tests are conducted by a laboratory licensed by the state or Clinical Laboratory Improvement Amendments Act (CLIA).
Note:
The employer or a third-party health care provider identified by the employer may do the evaluation.
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-16010 Test the blood of the source person.
((Exemptions:)) EXEMPTIONS:
When the source individual is already known to be infected with HBV or HIV, you do not need to test their status.
((You must:
•)) You must arrange to test the source individual's blood for HBV and HIV as soon as feasible after getting their consent.
((–)) (1) If you do not get consent, you must establish that legally required consent can not be obtained.
((–)) (2) When the law does not require the source individual's consent, their blood, if available, must be tested and the results documented.
Note:
((•)) 1. Your local health authority enforces rules regarding HIV testing and consent which are found in WAC 246-100-206, Special diseases—Sexually transmitted diseases, and WAC 246-100-207, Human immunodeficiency virus (HIV) testing.
 
These rules can be found at: http://www.leg.wa.gov/wac and click on Title 246 WAC.
 
((•)) 2. Source testing: According to the Centers for Disease Control and Prevention (CDC), hepatitis C virus (HCV) infection is the most common chronic bloodborne infection in the United States. The CDC recommends testing of the source person for the presence of anti-HCV antibody. (Updated U.S. Public Health Service Guidelines for the Management of Occupational Exposures to HBV, HCV, and HIV and Recommendations for Postexposure Prophylaxis, MMWR, June 29, 2000/50(RR11); 1-42.)
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-16015 Provide the results of the source person's blood test to the exposed employee.
((You must:
•)) (1) You must make sure the results of the source person's blood test are provided to the exposed employee, if possible.
((•)) (2) You must make sure the exposed employee is informed of applicable laws and regulations regarding disclosure of the identity and infection status of the source person.
Note:
Law and regulations that currently apply are:
 
((–)) 1. Chapter 70.02 RCW, Medical records—Health care information access and disclosure.
 
((–)) 2. Chapter 70.24 RCW, Control and treatment of sexually transmitted diseases.
 
((–)) 3. Both rules can be found at http://www.leg.wa.gov/wac and click on ((Title 70 WAC [Title 70 RCW])) Title 70 RCW to find these rules.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-16020 Collect and test the blood of the exposed employee.
((You must:
•)) You must arrange to have the exposed employee's blood collected and tested as soon as feasible after consent is obtained.
((–)) (1) If the employee consents to baseline blood collection, but does not give consent at that time for HIV serologic testing, the sample must be preserved for at least ninety days.
(2) If, within ninety days of the exposure incident, the employee chooses to have the baseline sample tested, it must be done as soon as possible.
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-16025 Provide information to the health care professional evaluating the employee.
((You must:
•)) You must provide ALL of the following information to the health care professional evaluating an employee after an exposure incident:
((–)) (1) A copy of WAC 296-823-160;
((–)) (2) A description of the job duties the exposed employee was performing when exposed;
((–)) (3) Documentation of the routes of exposure and circumstances under which exposure occurred;
((–)) (4) Results of the source person's blood testing, if available;
((–)) (5) All medical records that you are responsible to maintain, including vaccination status, relevant to the appropriate treatment of the employee.
Reference:
Requirements for the health care professional's written opinion for hepatitis B vaccinations can be found in WAC 296-823-13010.
Note:
You may meet the requirement to provide a copy of WAC 296-823-160 to the health care professional by giving them the http://www.lni.wa.gov/rules/, as long as their office has a computer and access to the labor and industries' web site.
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-16030 Obtain and provide a copy of the health care professional's written opinion on post-exposure evaluation to the employee.
((You must:
•)) (1) You must obtain and provide to the employee a copy of the evaluating health care professional's written opinion within fifteen days of the completion of their evaluation.
Note:
((•)) 1. If the health care professional provides the written opinion directly to the employee, you do not need to do so.
 
((•)) 2. If the employee's personal health care professional completes the evaluation, you are not required to obtain the health care professional's written opinion.
((•)) (2) You must make sure the health care professional's written opinion is limited to the following information:
((–)) (a) That the employee has been informed of the results of the evaluation;
((–)) (b) That the employee has been told about any medical conditions resulting from exposure to blood or other potentially infectious materials (OPIM) which need further evaluation or treatment.
((•)) (3) You must make sure that all other findings or diagnoses remain confidential and are NOT included in the written report.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-170 Records.
Summary((.))
Your responsibility:
To obtain and maintain required records.
((You must:
Establish and maintain medical records
WAC 296-823-17005
Maintain a sharps injury log
WAC 296-823-17010.))
You must meet the requirements …
in this section:
Establish and maintain medical records
WAC 296-823-17005
Maintain a sharps injury log
WAC 296-823-17010
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-17005 Establish and maintain medical records.
((You must:
•)) (1) You must establish and maintain an accurate medical record for each employee with occupational exposure.
((•)) (2) You must make sure this record includes ALL of the following that apply:
((–)) (a) Name and Social Security number of the employee;
((–)) (b) A copy of the employee's hepatitis B vaccination status, including the dates of all the hepatitis B vaccinations;
((–)) (c) Any medical records related to the employee's ability to receive vaccinations;
((–)) (d) The HBV declination statement;
((–)) (e) A copy of all results of examinations, medical testing, and follow-up procedures related to post-exposure evaluations;
((–)) (f) Your copy of the health care professional's written opinion;
((–)) (g) A copy of the information provided to the health care professional as required.
((•)) (3) You must make sure that employee medical records are:
((–)) (a) Kept confidential;
((–)) (b) Not disclosed or reported to any person, without the employee's written consent, except as required by this section or as may be required by law.
Note:
((•)) 1. In some industries, a medical record is also known as the employee health file.
 
((•)) 2. You may contract with the medical professional responsible for hepatitis B vaccination and post-exposure evaluation to maintain employee records.
Reference:
You need to follow additional requirements for medical records found in WAC 296-62-052, Access to records.
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-17010 Maintain a sharps injury log.
((Exemption:)) EXEMPTION:
You are exempt from the requirements to record contaminated sharps injuries if you have ten or less employees.
((You must:
•)) (1) You must record contaminated sharps injuries on your OSHA 300 or equivalent log.
Reference:
Requirements for the OSHA 300 log are found in chapter 296-27 WAC, Recordkeeping and reporting. ((http://www.lni.wa.gov/wisha/regs/WACS/27/27.htm.
You must:
•)) (2) You must record and maintain contaminated sharps injury information in a way that protects the confidentiality of the injured employee.
((•)) (3) You must also record the following additional information for contaminated sharps injuries:
((–)) (a) The type and brand of device involved in the incident;
((–)) (b) The department or work area where the exposure incident occurred;
((–)) (c) An explanation of how the incident occurred.
((•)) (4) You must maintain your contaminated sharps injury records for five years.
Note:
You may record the additional information in any format you choose, such as on the OSHA 300 and 301 forms. It must be retrievable and identifiable to each specific injury.
AMENDATORY SECTION (Amending WSR 04-12-070, filed 6/1/04, effective 9/1/04)
WAC 296-823-180 Additional requirements for HIV and HBV research laboratories and production facilities.
Summary((.))
Your responsibility:
To implement and enforce these additional rules in research laboratories and production facilities engaged in the culture, production, concentration, experimentation, and manipulation of HIV and HBV.
((Exemption:)) EXEMPTION:
This section does NOT apply to clinical or diagnostic laboratories engaged solely in the analysis of blood, tissues, or organs.
Note:
Production and research facilities: Hepatitis C (HCV) is the virus involved in most cases of parenterally transmitted (bloodborne) non-A, non-B hepatitis in the United States. Most individuals who contract HCV become chronically infected (85%) and develop chronic hepatitis (70%). It is recommended that you also follow these requirements for HCV production and research facilities.
((You must:
Prepare, review and update a biosafety manual
WAC 296-823-18005
Follow these special practices for the work area
WAC 296-823-18010
Make sure these practices for contaminated material and waste are followed
WAC 296-823-18015
Make sure these special practices for personal protective equipment (PPE) and other safe guards are followed
WAC 296-823-18020
Protect vacuum lines
WAC 296-823-18025
Use and handle hypodermic needles and syringes appropriately and safely
WAC 296-823-18030
Handle all spills and accidents properly
WAC 296-823-18035
Post signs
WAC 296-823-18040
Provide additional training for facility employees
WAC 296-823-18045
Furnish a sink for washing hands and a readily available eye wash facility
WAC 296-823-18050
Make sure these additional criteria are followed
WAC 296-823-18055.))
You must meet the requirements …
in this section:
Prepare, review, and update a biosafety manual
WAC 296-823-18005
Follow these special practices for the work area
WAC 296-823-18010
Make sure these practices for contaminated material and waste are followed
WAC 296-823-18015
Make sure these special practices for personal protective equipment (PPE) and other safeguards are followed
WAC 296-823-18020
Protect vacuum lines
WAC 296-823-18025
Use and handle hypodermic needles and syringes appropriately and safely
WAC 296-823-18030
Handle all spills and accidents properly
WAC 296-823-18035
Post signs
WAC 296-823-18040
Provide additional training for facility employees
WAC 296-823-18045
Furnish a sink for washing hands and a readily available eye wash facility
WAC 296-823-18050
Make sure these additional criteria are followed for HIV and HBV production facilities
WAC 296-823-18055
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-18005 Prepare, review, and update a biosafety manual.
((You must:
•)) (1) You must prepare or adopt a biosafety manual. This manual must be:
((–)) (a) Periodically reviewed;
((–)) (b) Updated at least annually or more often, if necessary.
((•)) (2) You must make sure employees are:
((–)) (a) Advised of potential hazards;
((–)) (b) Required to read and follow instructions about practices and procedures.
((•)) (3) You must establish written policies and procedures where only authorized persons can enter work areas and animal rooms.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-18010 Follow these special practices for the work area.
((You must:
•)) (1) You must make sure only authorized persons are allowed to enter the work areas and animal rooms. Authorized persons must:
((–)) (a) Have been advised of the potential biohazard;
((–)) (b) Meet any specific entry requirements;
((–)) (c) Comply with all entry and exit procedures.
((•)) (2) Keep laboratory doors closed when work involving HIV or HBV is in progress.
AMENDATORY SECTION (Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)
WAC 296-823-18015 Make sure these practices for contaminated material and waste are followed.
((You must:
•)) (1) You must incinerate or decontaminate all regulated waste by a method known to effectively destroy bloodborne pathogens, such as autoclaving.
((•)) (2) You must make sure to place materials to be decontaminated away from the work area in a container that is:
((–)) (a) Durable;
((–)) (b) Leakproof;
((–)) (c) Appropriately labeled, or color-coded;
((–)) (d) Closed before being removed from the work area.
Reference:
You can find additional requirements for appropriate labels and color-coding in WAC 296-823-14025.
((You must:
•)) (3) You must incinerate or decontaminate ALL waste from work areas and from animal rooms before disposal.
((•)) (4) You must make sure an autoclave is available for decontamination of regulated waste.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-18020 Make sure these special practices for personal protective equipment (PPE) and other ((safe guards)) safeguards are followed.
((You must:
•)) (1) You must make sure appropriate personal protective clothing is used in work areas and animal rooms. Examples of appropriate personal protective clothing include:
((–)) (a) Laboratory coats;
((–)) (b) Gowns;
((–)) (c) Smocks;
((–)) (d) Uniforms.
((•)) (2) You must decontaminate protective clothing before it is laundered.
((•)) (3) You must make sure employees remove protective clothing before leaving their work area.
((•)) (4) You must take special care to avoid skin contact with other potentially infectious materials (OPIM).
((•)) (5) You must wear gloves when handling infected animals and when you can not avoid making hand contact with OPIM.
((•)) (6) You must conduct all activities involving OPIM in biological safety cabinets or other physical-containment devices within the containment module. No work with OPIM must be conducted on the open bench.
((–)) (a) Appropriate certified biological safety cabinets (Class I, II, or III) or personal protection or physical containment devices must be used for all activities with OPIM that pose a threat of exposure to droplets, splashes, spills, or aerosols.
(b) Appropriate personal protection and physical containment devices include:
((■)) (i) Special protective clothing;
((■)) (ii) Respirators;
((■)) (iii) Centrifuge safety cups;
((■)) (iv) Sealed centrifuge rotors;
((■)) (v) Containment caging for animals.
((–)) (c) Biological safety cabinets must be certified when installed or moved, and at least annually.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-18025 Protect vacuum lines.
((You must:
•)) You must protect vacuum lines with liquid disinfectant traps and high-efficiency particulate air (HEPA) filters or filters of same or greater efficiency. Make sure filters are checked routinely and maintained or replaced as necessary.
AMENDATORY SECTION (Amending WSR 03-09-110, filed 4/22/03, effective 8/1/03)
WAC 296-823-18030 Use and handle hypodermic needles and syringes appropriately and safely.
((You must:
•)) You must use hypodermic needles and syringes only for parenteral injection and aspiration of fluids fro