WSR 15-14-096
[Filed June 30, 2015, 8:47 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-09-092.
Title of Rule and Other Identifying Information: Chapter 296-78 WAC, Safety standards for sawmills and woodworking operations and WAC 296-78-550 First-aid station.
Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., Room S117, Tumwater, WA 98501, on August 10, 2015, at 1:00 p.m.
Date of Intended Adoption: October 6, 2015.
Submit Written Comments to: Tari Enos, P.O. Box 44620, Olympia, WA 98504, e-mail, fax (360) 902-5619, by August 17, 2015.
Assistance for Persons with Disabilities: Contact Tari Enos by July 27, 2015, at (360) 902-5541.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to add the chapter 296-803 WAC reference to WAC 296-78-71503 that will benefit those industries using WAC 296-78-71503 because components of chapter 296-803 WAC are substantially safer for employers and their employees. This amendment would also ensure that employers are following safety standards that are at-least-as-effective-as OSHA 29 C.F.R. 1910.147. Also, references, formatting and minor housekeeping changes may be made throughout the chapters specified above.
WAC 296-78-550, removed outdated reference and added "chapter 296-800 WAC."
WAC 296-78-71503, removed subsections (1)-(14), and their language from this section, added a single statement with a reference to chapter 296-803 WAC, and a note.
Reasons Supporting Proposal: The reasons supporting the proposal of updating the current sawmills rules is so chapter 296-78 WAC requirements match those of the general industry lockout requirements of chapter 296-803 WAC, as well as being at-least-as-effective-as the Occupational Safety and Health Administration (OSHA).
Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, and 49.17.050.
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. A small business economic impact statement was not completed because the changes do not impose more than minor costs on businesses in an industry.
A cost-benefit analysis is not required under RCW 34.05.328. No cost-benefit analysis was completed because this rule making updated requirements to be in alignment with chapter 296-803 WAC and to ensure that the regulations are at-least-effective-as OSHA as required by RCW 49.17.010.
June 30, 2015
Joel Sacks
AMENDATORY SECTION (Amending WSR 00-01-038, filed 12/7/99, effective 2/1/00)
WAC 296-78-550 First-aid station.
Employers with fifty or more employees per shift at one location must establish a first-aid station in accordance with the requirements in chapter ((296-24 WAC, Part A-1)) 296-800 WAC.
AMENDATORY SECTION (Amending WSR 81-18-029, filed 8/27/81)
WAC 296-78-71503 Lock out—Tag out.
(((1) To avoid accidental activation of machinery, electrical devices or other equipment which could create a hazardous condition while performing maintenance, repair, cleanup or construction work, the main disconnect(s) (line circuit breakers) shall first be locked out and tagged in accordance with the following provisions:
(2) Effective date. Effective July 1, 1982, only padlocks or other equivalent protective devices shall be used for locking out the main disconnect(s) (line circuit breakers) of machinery, electrical devices or other equipment that is shut down while maintenance, repair, cleanup, construction work or other type of work is done to the equipment. Tags shall be used to supplement the padlocks or other equivalent protective devices, and shall be used only for informational purposes.
(3) Padlocks, tags or equivalent protective devices to be supplied. The employer shall supply and the employee(s) shall use as many padlocks or other equivalent protective devices as are necessary to effectively lock out all affected equipment.
(4) Lock out plan. An effective lock out plan shall be formulated in writing and all concerned employees so informed. The plan shall contain specific procedures for locking out equipment, information to be contained on supplemental tags and specific procedures for unlocking equipment after repairs, cleanup, etc., have been completed.
(5) Informational tags. Tags used for providing supplemental information with lock out padlocks or other equivalent protective devices shall contain the name of the person authorizing placement, reason for placing, date, signature of person placing tag and such other relative information as deemed necessary by the person placing the tag.
(6) Lock out by pushbutton only. Locking out a machine or item of equipment by use of a pushbutton or other local control device only will not be acceptable as meeting the intent of these rules.
(7) Coordination of locking out devices. When repair, adjustment, cleanup, maintenance or construction work is necessary and the lock out procedures must be followed by any person not familiar with all power sources or material entry sources to any area involved, that person shall consult with the operator, supervisor, or some person that is capable of informing him of proper lock out procedures and supplemental tagging information.
(8) Lock out before removing guards. Equipment shall be stopped and locked out before employees remove guards or reach into any potentially hazardous area. The only exception to this rule will be when equipment must be in motion in order to make proper adjustments.
(9) Removal of lock outs. Each person actively engaged in the repair, maintenance, cleanup, etc., shall lock out the affected equipment and place the informational tag. Upon completion of the work and reinstallation of the guards, that person shall personally remove his lock and tag, except when it is positively determined that an employee has left the premises without removing his lock and tag, other persons may remove the locks and tags in accordance with a procedure formulated by each firm and approved by the division of industrial safety and health.
(10) Valves to be locked and tagged out. Each valve used to control the flow of hazardous materials into, or used to activate the equipment being worked on, shall be locked and tagged out.
(11) Piping systems deactivated. Prior to working on piping systems containing pressurized or hazardous materials, the valve(s) controlling the flow to the affected area shall be locked and tagged out. The piping in the area to be worked on shall be drained and purged, if needed. If the piping contains hazardous materials, the piping shall be isolated from the work area by the insertion of blank flanges in the piping system.
(12) Pipe lines without valves. If pipelines or ducts are constructed without valves or closures that can be locked out, the lines or ducts shall be broken at a flange and a blank flange inserted to stop accidental flow of any hazardous material.
(13) Testing after lock out. After locking out and tagging equipment, a test shall be conducted to ascertain that the equipment has been made inoperative or the flow of hazardous material has been positively stopped. Precautions shall be taken to ascertain that persons will not be subjected to hazard while conducting the test if power source or flow of material is not shut off.
(14) Temporary or alternate power to be avoided. Whenever possible, temporary or alternate sources of power to the equipment being worked on shall be avoided. If the use of such power is necessary, all affected employees shall be informed and the source of temporary or alternate power shall be identified.)) While performing service and maintenance on machines or equipment, including piping systems where employees could be injured by the unexpected energization or startup of the machine or equipment, or the release of stored energy, the requirements of chapter 296-803 WAC, Lockout/tagout (control of hazardous energy) must be followed.
Energy sources include mechanical, hydraulic, pneumatic, chemical, thermal, or other energy, including gravity.