WSR 16-01-029 PROPOSED RULES DEPARTMENT OF LABOR AND INDUSTRIES [Filed December 8, 2015, 12:11 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-06-055.
Title of Rule and Other Identifying Information: Chapter 296-45 WAC, Safety standards for electrical workers, rotorcraft/helicopter for power distribution and transmission line installation, construction and repair.
Hearing Location(s): Red Lion Hotel, 1225 North Wenatchee Avenue, Wenatchee, WA, on January 26, 2016, at 9:00 a.m.; at the Enduris Training Facility, 1610 South Technology Boulevard, Suite 100, Spokane, WA, on January 27, 2016, at 9:00 a.m.; at the The Heathman Lodge, 7801 Greenwood Drive, Vancouver, WA, on February 1, 2016, at 9:00 a.m.; and at the Department of Labor and Industries, 7273 Linderson Way S.W., S118 and S119 Rooms, Tumwater, WA, on February 3, 2016, at 9:00 a.m.
Date of Intended Adoption: April 4, 2016.
Submit Written Comments to: Cindy Ireland, Administrative Regulations Analyst, Division of Occupational Safety and Health, P.O. Box 44620, Olympia, WA 98504-4620, Cynthia.Ireland@lni.wa.gov, by 5:00 p.m. on February 17, 2016. In addition to written comments, the department will accept comments submitted to fax (360) 902-5619. Comments submitted by fax must be ten pages or less.
Assistance for Persons with Disabilities: Contact Cynthia Ireland by January 11, 2016, at (360) 902-5522 or cynthia.ireland@lni.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In the spring of 2012, the electrical utility safety advisory committee (EUSAC), a work group comprised of about fifty business and labor representatives, asked the department to commence rule making to update and clarify safety requirements that relate to electrical work being done with the assistance of helicopters. Some of the changes being proposed:
AMENDED SECTIONS:
WAC 296-45-67503 Definitions.
WAC 296-45-67513 Personal protective equipment (PPE).
WAC 296-45-67519 Housekeeping.
WAC 296-45-67521 Operator's responsibility.
WAC 296-45-67523 Hooking and unhooking loads.
WAC 296-45-67525 Static charge.
WAC 296-45-67527 Load permitted.
WAC 296-45-67529 Visibility.
WAC 296-45-67531 Signal systems.
WAC 296-45-67533 Approaching the helicopter.
WAC 296-45-67537 Sling and rigging.
WAC 296-45-67545 Refueling operations.
NEW SECTIONS:
WAC 296-45-67504 Operating certification.
WAC 296-45-67506 Personnel.
WAC 296-45-67508 Hazard analysis and job briefing.
WAC 296-45-67522 Cargo hooks.
WAC 296-45-67536 Helicopter work tasks.
REPEALED SECTIONS:
WAC 296-45-67505 Briefing,
296-45-67507 Signals,
296-45-67509 Slings and taglines,
296-45-67511 Cargo hooks,
296-45-67535 In helicopter,
296-45-67539 Personnel,
and 296-45-67543 General.
Reasons Supporting Proposal: The Occupational Safety and Health Administration (OSHA) also regulate helicopter safety. The department will coordinate with OSHA to ensure our rules are as-effective-as OSHA's. The Federal Aviation Administration (FAA) also regulates helicopter safety; however the FAA's focus is on pilot safety and operation of the aircraft. The department's proposed rule primarily focuses on electrical workers who work on high voltage wires with the assistance of helicopters. The safety standards for electrical workers under chapter 296-45 WAC with regard to helicopter-assisted power line work have not been updated for many years. Therefore, parts of them are outdated and do not reflect best industry practices, are inconsistent with federal or state laws, or are inadequate to protect electrical workers.
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 (L&I), 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.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Small Business Economic Impact Statement
DOSH of L&I is proposing changes to the rule under WAC 296-45-675, regarding the regulation of helicopter-assisted power line work in the state of Washington.
The following small business economic impact statement (SBEIS) was prepared in compliance with the Regulatory Fairness Act, RCW 19.85.040. It provides an analysis comparing the average costs associated with the implementation of the proposed rule changes to WAC 296-45-675 through 296-45-67545 on small and large businesses.
1. INTRODUCTION OF THE PROPOSED RULE
1.1 The background of this rule making: In recent years, helicopters have helped linemen and other related electrical workers do their jobs in the power line work areas more efficiently and less costly to the customers than traditional approaches. As a result, helicopters have become one of the most important resources to assist in constructing transmission and distribution lines, performing line inspections, and responding to storm or other emergencies or damages. On the other hand, there may arise some safety issues as a consequence of these new industry practices, and workers could get injured or killed if sufficient safety measures are not implemented and followed.
In Washington, the safety standards for electrical workers under chapter 296-45 WAC with regard to helicopter-assisted power line work have not been updated for many years. Therefore, parts of them are outdated and do not reflect best industry practices, are inconsistent with federal or state laws, or are inadequate to protect electrical workers. In light of this situation, stakeholders have requested that L&I work with them to update these standards. In March 2013, the department issued a preproposal notice and officially initiated the rule-making process.
Between January 24, 2013, and June 10, 2014, eight stakeholder meetings were held by the department to help develop the rule language. The stakeholder group is comprised of a mix of representatives from businesses identified as being most affected by the proposed rule. The group's membership includes representatives from utility companies, electrical contractors, and helicopter providers. The draft rule was revised many times as a result of the discussions from each meeting and the draft was finalized in August 2014 after incorporating the comments from the last stakeholder meeting.
1.2 The description of the rule amendments: FAA regulates helicopter safety practices. However, the FAA's focus is on pilot safety and safe operation of aircraft. OSHA also plays a critical role in helicopter safety regulation with its focus on electrical workers who work on high voltage wires with the assistance of helicopters. As the administrator of an OSHA-approved state plan, L&I is required to coordinate with OSHA to ensure its rules are at-least-as-effective-as OSHA's. This proposal is primarily intended to protect electrical workers when they perform the work specified in the rule.
The proposed rule changes cover the sections from WAC 296-45-67503 through 296-45-67545. Specifically, the following sections have been revised or added as a result of this rule-making project:
2. INTRODUCTION OF THE COST SURVEY: To estimate the economic impact of the helicopter-assisted electrical work safety rule on affected businesses, L&I developed a business survey in the fall of 2014. This survey was created by the economists from L&I's research and data services program, in collaboration with the DOSH rule-making technical team, L&I internal survey review committee and other relevant parties. The main purpose of this online survey was to gauge the probable new compliance costs that businesses would incur if the identified rule changes were adopted, and to determine whether there exists a disproportionate cost impact on small businesses.
2.1 Survey development and sample size: The survey was first designed by the economists in October 2014. The draft was then revised and reviewed by the rule-making technical team from DOSH, followed by a number of meetings to discuss the details of these comments and suggestions. Per L&I internal policy, the survey was also submitted to its internal survey committee for their review. After another round of updates, it was finalized at the end of November. The final survey questionnaire was then posted on the SurveyGizmo, a popular online survey tool, by the agency's webmasters.
Due to the relatively small number (see Section 6 for more details) of affected businesses, the agency attempted to send the survey to as many businesses as possible. The final list selected for the survey included all the businesses that attended at least one stakeholder meeting, another twenty utility or electrical companies and six helicopter service providers that did not attend stakeholder meetings but would most likely be affected by the rule. The agency believes that these forty-seven businesses are representative of the population in the three major industries. On December 11, 2014, the agency officially sent out this online survey.
2.2 Survey contents and responses: After a comparison between the proposed rule and the existing rule language and discussions with the technical team, L&I identified a few rule changes that are above current standards and would likely impose new costs on the businesses involved. Considering the length and time needed to complete the survey, only the most important and costly components were included in the survey questionnaire.
The survey was organized as follows: The first section was designed to obtain the background information of each employer including the respondent's title, the number of employees, and the primary business areas; the second and third sections ask the participants to estimate the probable new compliance costs related to two major proposed requirements: More training required for lineman and other electrical workers, and training for riggers, signal persons and other ground personnel. The last section was intended to collect information regarding the major benefits of this rule.
On December 18, 2014, and January 8, 2015, the agency sent two reminders to all selected businesses. Between December 11, 2014, and January 19, 2015, the agency received twenty-four responses, among which eighteen were complete and six were incomplete.
3. ASSESSING ECONOMIC IMPACT BY EMPLOYMENT SIZE: The Regulatory Fairness Act, RCW 19.85.040(1) requires the department to determine whether a proposed rule will have a disproportionate cost impact on small businesses. The act directs the department to compare "the cost of compliance for small businesses with the cost of compliance for the ten percent of businesses that are the largest businesses required to comply with the proposed rule." A convenient and easy way to make this comparison is to compare the compliance cost per employee for these two groups. This SBEIS compares the average cost per affected worker for each component that represents increased requirements. The purpose here is to best estimate the extent to which the disproportionate impact, if any, is on small businesses rather than to estimate the total costs to the affected businesses as a whole. As this rule will affect only a small number of employers and the sample size for the survey is very small, we decided to compare the average unit cost between all small businesses and all larger ones.
3.1 Cost per worker associated with qualification requirements for linemen and other electrical workers: Section 2 in the survey asks respondents whether they have linemen or similar workers performing power distribution and transmission line work. If yes, they are required to provide the total number of workers, and the number of workers who need additional training in order to be eligible for the assigned work activities under the new rule. Then, they need to estimate the hours of training needed. To mitigate the impact of a small sample on our results, we used the mode, i.e., the most frequently occurring value, as the estimated training hours for each group.
Eighteen respondents indicated that they were subject to this requirement ("YES" to question 2a) and provided the number of workers needing additional training to be eligible. Of these eighteen respondents, only three businesses are small businesses (and one indicated that they only hire signal persons) with an average size of thirty-eight employees, and the remainder are large businesses with more than fifty employees.
In terms of additional training hours needed for linemen, one small business indicated their workers need five to eight hours and another indicated more than eight hours. For the large businesses, seven indicated that their workers need five to eight hours, accounting for forty-seven percent of that group. As to the additional training hours for other electrical workers, only one small business indicated that they hire these workers and they estimated that more than sixteen hours of additional training would be required for them. In contrast, half of the large businesses that hire these workers estimated that about five to eight hours would be needed.
Using the median hourly wage of $41.30 paid to a lineman in Washington1, the average training cost is between $207 and $330 for a lineman hired by large businesses. The average cost for small businesses is more likely to exceed $330 per affected lineman. From the same data source, the weighted median hourly wage paid to other electrical workers is $26.652. Therefore, the average training cost is between $133 and $213 per worker for large businesses and over $426 for small businesses. As discussed in the cost-benefit analysis report for this rule, we assume that these workers need to be retrained every two years. Therefore, the annualized training cost is only fifty percent of this total training cost for each affected worker.
1 This was the hourly rate paid to Washington electrical power line installers and repairers in the 2014 Occupational Employment and Wage Estimates. The report was released by Washington employment security department.
2 The scope of other electrical workers discussed here is defined in subsection 2.3.1 of the cost-benefit analysis report for this rule making (page 10).
There may be some other costs related to training such as travel to the field and the cost of purchasing training equipment and materials that were not captured in the survey. Given that large businesses will normally have some cost advantage on these items small businesses may be disproportionately affected by this training requirement.
In conclusion, we estimate that the cost of additional training for a lineman in small businesses is twenty-two percent or more than in large businesses, although the exact effect size is unknown. For other electrical workers, this unit cost is one hundred forty-five percent or more for small businesses. However, the cost estimate for small businesses is based on only one response, so confidence in this estimate is low.
Table 1: Unit cost relating to linemen and other electrical workers
3.2 Cost per worker associated with qualification requirements for signal persons and riggers: There are other workers such as signal persons and riggers who are also an integral part of the work crew. If they don't receive appropriate safety training, serious or sometimes even fatal accidents can occur to them and the other workers around them.
Section 3 in the survey asks respondents whether they have hired these ground personnel to support power line work and if yes, how many they have hired and how many of them would need additional training in order to be eligible for the assigned work activities under the new rule. They are then asked to estimate the hours of training needed for those identified. To mitigate the impact of a small sample on these results, we use the mode, i.e., the most frequently occurring value, as the estimated training hours for each group.
Twelve respondents indicated that they were subject to this requirement ("YES" to question 3a) and provided the number of workers hired and needing additional training to be eligible. Of these twelve respondents, only two businesses are small businesses (one of them did not report training hours), and the remaining are large businesses with more than fifty employees.
In terms of additional training hours needed for signal persons, the small business indicated their workers need five to eight hours. For large businesses, about thirty-eight percent of them reported at three to four hours and another thirty-eight percent reported at five to eight hours. As to the additional training hours for riggers, the small business indicated that their workers need more than eight hours of additional training. In contrast, fifty percent of the large businesses that hire riggers estimated about five to eight hours would be needed.
Using the average hourly wage of $26.023, the average training cost is between $78 and $208 for a signal person hired by large businesses. The average cost for small businesses is between $130 and $208 per affected signal person. The average training cost for a rigger is between $130 and $208 for large businesses and more than $208 for small businesses. We also assume that these workers need to be retrained every two years and the annual cost is fifty percent of this total training cost for each affected worker.
3 Same data source as in footnote 2.
For other costs relating to training such as travel to the field and the cost of purchasing training equipment and materials that were not captured in the survey, we believe large businesses will have some cost advantage over their smaller counterparts.
In conclusion, we estimate that the cost of additional training for a signal person in small businesses is eighteen percent or more than in large businesses. For other electrical workers, this unit cost is twenty-two percent or more for small businesses, although the exact effect size is unknown.
Table 2: Unit cost relating to signal persons and riggers
3.3 Cost per worker associated with other requirements in the new rule: The new rule proposes other requirements needed to protect electrical workers performing certain types of tasks. These include a requirement of a written job hazard analysis before the commencement of any helicopter operation under WAC 296-45-67508, a requirement of ANSI approved hard hats or helmets for electrical work associated with helicopter operations under the revised section of WAC 296-45-67513, and a requirement of a primary and secondary attachment means for helicopter operations involving HEC under WAC 296-45-67536.
As indicated in Table 3, some components are reflective of the current federal or national consensus standards and will not be considered as new or increased requirements from this proposed rule.
Table 3: Other rule components that may impose additional costs
3.3.1 Requirement of a written job hazard analysis under WAC 296-45-67508: This is a new requirement proposed by the rule and it is intended to improve the understanding of the nature of the work tasks and to increase the safety awareness for each worker involved before the work begins. The agency estimates that it will normally take 1.5 hours or less for a supervisor or lead worker to prepare this material. Using the median hourly wage of $33.16, the total cost is near $50 for each operation. As such, we believe there is no significant difference in this cost between small and large businesses.
3.3.2 Requirement of a hard hat or helmet under WAC 296-45-67508: The proposed rule requires that an ANSI approved hard hat or helmet be used for electrical work associated with helicopter operations. The agency estimates that a basic ANSI Class-E hard hat is priced between $6.50 and $18.50, with an average cost of $10.00. As this cost is the same for any worker regardless of whether they are from small or large businesses, we don't conclude that small businesses would bear a higher cost than their larger counterparts as a result of complying with this rule.
3.3.3 Requirement of a secondary attachment under WAC 296-45-67508: An additional safety device has been widely used in the utility industry to protect workers involved in the Class-B HEC. This secondary device can catch the person suspended by a line outside the helicopter if the aircraft's primary attachment means fails or is inadvertently released by the pilot. Most employers have used a belly band system, or an emergency anchor, which is an affordable and effective option. While this is an extra cost to the businesses, it does save many lives. Based on the cost information available online and from various stores, the agency estimates the average cost of this type of device at $200, with a range from $100 to $300. If it needs to be replaced every five years as recommended4, the annual cost would be $20 to $60 per affected worker. For the same reason specified in subsection 3.3.2, this is a flat cost so we don't estimate that small businesses would bear a higher cost than their larger counterparts as a result of this requirement.
4 This is the recommendation from the United States Department of Interior in its Helicopter Short-Haul Handbook published in February 2010.
4. ACTIONS TAKEN TO REDUCE THE IMPACT OF THE PROPOSED RULES ON SMALL BUSINESS: The above analysis indicates that except for the cost of training other electrical workers, small businesses are likely to bear a slightly disproportionate share of regulatory burden, ranging from eighteen to twenty-two percent, with the implementation of the proposed rule. In addition, the majority of businesses affected by this rule are large businesses. For these reasons, the agency did not develop any specific actions to mitigate this impact. That being said, many existing free services, although not specifically designed for this rule, are available and will be very helpful to affected small businesses. These services include training and education opportunities, free materials to help them develop their safety plans, and consultation services for all small businesses.
5. SMALL BUSINESS INVOLVEMENT IN THE RULE-MAKING PROCESS: The department has made a considerable effort to involve small businesses and their representatives at various points in this rule-making process. These efforts include:
(1) Since January 24, 2013, the department has held eight stakeholder meetings in Tumwater and other regional offices to hear from the business community, including representatives from a number of small businesses. There was also a stakeholder comment period after each series of meetings. The representatives of small businesses, along with all the other attendees, have made a significant contribution to the development of the new rule. The department developed the draft rule in August 2014 with consideration of all the comments and concerns submitted by interested stakeholders from across the state, including the small business community.
(2) The department conducted a business survey in December 2014 to estimate the economic impact of this rule. A certain number of small businesses were selected to participate in this survey and provide their input.
(3) The department will conduct a public hearing for this proposed rule after the CR-102 is filed. During this hearing, small businesses will have opportunities to provide their comments and suggestions on this proposed rule.
6. INDUSTRIES LIKELY TO BE REQUIRED TO COMPLY WITH THE RULE: The proposed rule will apply to the businesses involved in the power distribution and transmission line construction, alteration, repair or similar work with the assistance of a helicopter or other similar device. Three major types of businesses have been identified as the affected businesses: Utility providers, electrical contractors, and helicopter service providers specialized in utility projects. Within each of these types of businesses, only those firms that have participated or will participate in helicopter-assisted utility work will be affected by the proposed rule changes. Therefore, this rule will affect a relatively small number of specialized businesses in these three industries.
Due to the fact that the proposed rule will introduce new work activities such as the HEC operations that are currently not allowed in Washington, we needed to identify the businesses that have already performed these activities in other states, as well as those that are currently not involved, but have a plan to do so should this new rule be adopted. A few steps were taken to identify the pool of the affected businesses. First, all twenty-one businesses that participated in stakeholder meetings were part of the population as they have shown their strong interest and support for this proposed rule. Second, based on the agency's internal administrative data base on registered businesses, another forty utility or electrical companies that currently specialize in the power line work and will likely use helicopter services were identified. Third, multiple data sources were scrutinized to identify helicopter companies that provide services for power line projects and seem likely to engage in this business in Washington. These include the Helicopter Association International online membership directory and the Helicopter Links online directory. Based on the locations of these helicopter companies, the types of helicopters each company owns and operates, and the work areas they specialize in5, we determined that approximately twenty-four helicopter providers would be affected by the proposed rule. Altogether, at least eighty-five businesses in the three major industries are expected to be affected by the proposed rule, with the actual population thought to be slightly larger.
5 We estimate that the helicopter providers that will most likely be affected by this rule are those that are located in Washington or the adjacent states, own and operate at least one helicopter designed for external cargo operations in electric utility industry (such as MD 500 and its variants, Bell JetRanger series, etc.), particularly in power line construction, alteration, repair or maintenance work. The providers that only conduct power line patrol will be excluded.
Table 4: The population of affected businesses
6 See Table A1 in the Appendix for the largest utility companies operating in the state and the power lines they own.
7. NUMBER OF JOBS CREATED OR LOST: The introduction of the HEC operations is expected to significantly improve the work productivity of power line projects. As a result, fewer labor hours, or fewer workers may be needed for the same size of project under this new practice. For this reason, the department does anticipate that a certain number of jobs may be lost due to these rule changes. However, we do not know the extent to which this proposed rule would impact total employment in these three affected industries7.
7 The industry-specific occupations that would be affected by the proposed rule are presented in Table A2 in the Appendix.
8. CONCLUSIONS: As we have analyzed above, this proposed rule is likely to impose slightly disproportionate compliance costs on small businesses as a whole. The extent of the disproportion varies among different rule components, ranging from no disproportionate impact to as much as one hundred forty-five percent higher cost for small businesses.
9. REFERENCES:
Aviation Management Directorate (2010). Helicopter Short-Haul Handbook. United States Department of the Interior.
Beach, J. and Dilts, N. (2007). Electric Transmission & Distribution Infrastructure: Powerful Spending Trend Forecast to Extend well into the Next Decade. Industry Analysis.
Carbajal, D. and Billingsley, J. (2012). SCE Refines Human External Cargo Program. T&D World Magazine.
Chelan County PUD (2004). Customer Utilities FAQ Sheet. Wenatchee, Washington.
Chupka, et al. (2008). Transforming America's Power Industry: the Investment Challenge 2010–2030. Edison Foundation, Washington, D.C.
Federal Aviation Administation [Administration] (2012). Classifying and Using a Belly Band System as a Portable Safety Device (PSD) in Part 133 Operations, Information for Operators (INFO) 12015, United States Department of Transportation.
Fischbach, A. (2010). Adrenaline Rush. T&D World Magazine.
Hall, K. (2013). Out of Sight, out of Mind 2012. Edison Electric Institute, Washington, D.C.
Hirst, E. (2004). U.S. Transmission Capacity: Present Status and Future Prospects. Office of Electric Transmission and Distribution, United States Department of Energy.
Neville, J. (2014). Flying High: New Program Expands Aerial Maintenance. Western Area Power Administration News.
North American Electric Reliability Corporation (2014). Annual Report on the Long-Term Reliability Assessment, 2009-2013. NERC, Princeton, NJ.
Owen, D. (2008). The Need for New Transmission: How Will We Pay for it? Edison Electric Institute, Washington, D.C.
Parks, J (2008). Adventurous Linemen Enjoy Helicopter Work. T&D World Magazine.
Quanta Technology (2009). Cost-Benefit Analysis of the Deployment of Utility Infrastructure Upgrades and Storm Hardening Programs. Final report for Project No. 36375 to Public Utility Commission of Texas, Raleigh, NC.
Shehab, R., Schlegel, R., and Palmerton, D. (1998). A Human Factors Perspective on Human External Loads. United States Department of Transportation.
10. APPENDIX:
Table A1: Power line infrastructure owned by largest utilities in Washington
Table A2: Industry-specific occupations affected by the proposed rule
* These percentages are derived based on the combined share of employment across the affected industries and the share of workers needing additional training collected from the survey.
Online Survey Questionnaire
2014 Rule Making Survey on Safety Standards for Electrical Workers
INTRODUCTION: The purpose of this survey is to determine both new costs and benefits your business may have due to the new or increased requirements in the proposed safety standards for power distribution and transmission line work with assistance of helicopter or rotorcraft. Your answers are very important for us to accurately estimate the economic impact of the proposed rule on affected businesses.
There are four sections in this survey:
Please answer the questions the best you can. If you do not have the exact information, use your best estimate.
A copy of the statement may be obtained by contacting Cynthia Ireland, P.O. Box 44620, Olympia, WA 98504-4620, phone (360) 902-5522, fax (360) 902-5619, e-mail cynthia.ireland@lni.wa.gov.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Cynthia Ireland, P.O. Box 44620, Olympia, WA 98504-4620, phone (360) 902-5522, fax (360) 902-5619, e-mail cynthia.ireland@lni.wa.gov.
December 8, 2015
Joel Sacks
Director
AMENDATORY SECTION (Amending WSR 94-20-057, filed 9/30/94, effective 11/20/94)
WAC 296-45-67503 Definitions.
(((1))) "Approved rubber gloves." Rubber insulating gloves used for protection of electrical workers from electric shock while working on energized conductors and equipment.
"Cargo hooks." A device attached or suspended from an aircraft which is used to connect an external load to the aircraft through direct couplings or by lead lines. This unit has both mechanical and electrical locking/unlocking means.
(((2))) "Designated employees." Those employees selected or designated by the employer to work under or near helicopters who have first been instructed in hooking, unhooking, guiding and securing the load, including the signalperson, all of whom have been instructed in the hazards of helicopter work and who know the provisions of this section.
(((3))) "Downwash." A down and outward air column from the main rotor system.
(((4))) "Ground personnel or crew." Those employees who are physically and mentally capable, who are familiar with the hazards of helicopter use in power distribution and transmission line work, and who know these rules and the methods of operation.
(((5))) "Helicopter," "helicopter crane," and "rotorcraft." Those aircraft whose support in the air is derived solely from the reaction of a stream of air driven downward by propellers revolving around a vertical axis, which are designed for and capable of carrying external loads. The use of the word helicopter in these rules shall also mean helicopter crane, rotorcraft, or similar device.
(((6))) "Helicopter service provider." Entity that holds the appropriate FAA operating certification and provides helicopter support services.
"Hooking and unhooking." That process by which an external load is either attached to or released from the cargo hook.
(((7))) "Pilot in command, pilot or PIC." The person who:
• Has the final authority and responsibility for the operation and safety of the flight;
• Has been designated as pilot in command before or during the flight; and
• Holds the appropriate category, class and type rating for the conduct of the flight if applicable.
"Positive guide system." A system or method of installing a load into position so that the load is capable of being released from the helicopter without being otherwise secured so that the load will remain in position permanently or until otherwise secured by physical means.
(((8))) "Rotors." That system of blades which rotates or revolves to supply lift or direction to the rotorcraft.
(((9) "Approved rubber gloves." Rubber insulating gloves used for protection of electrical workers from electric shock while working on energized conductors and equipment.
(10))) "Signalperson." That member of the ground crew that is designated by an employer to direct, signal and otherwise communicate with the operator of the helicopter.
(((11))) "Sling line." A strap, chain, rope or the like used to securely hold something being lifted, lowered, carried or otherwise suspended.
(((12))) "Sock line." A rope(s), cable(s) or similar line(s) which is used to pull a conductor line from a reel or to remove existing strung conductors from poles or towers.
(((13))) "Static charge." A stationary charge of electricity.
(((14))) "Tag line." A rope or similar device used to guide or control the direction or movement of a load.
NEW SECTION
WAC 296-45-67504 Operating certification.
The helicopter service provider must hold appropriate certification and have a current "FAA Operating Certificate" for the category of operation being performed. (Reference 14 C.F.R. Parts 133, 135, and 137 – Contact the local Flight Standards District Office (FSDO) for assistance.)
NEW SECTION
WAC 296-45-67506 Personnel.
(1) All personnel must be physically and mentally able and qualified to perform the work to which they are assigned, including being knowledgeable in these rules.
(2) There must be a sufficient number of qualified ground personnel to safely guide, secure, hook and unhook the load.
(3) No employee shall perform or be ordered or assigned to perform any activity for which they are not trained, qualified, and competent or which they may compromise their safety or the safety of others.
NEW SECTION
WAC 296-45-67508 Hazard analysis and job briefing.
(1) Before the commencement of any helicopter operation, a written job hazard analysis (JHA) shall be completed and shall include, at a minimum, the following items:
(a) Define the core tasks;
(b) Identify specific hazards;
(c) Identify mission specific tasks;
(d) Describe procedures to safely manage or mitigate the hazards;
(e) Describe communication procedure with the crew;
(f) Discuss recognition and effects of fatigue;
(g) Specify minimum approach distance (MAD); and
(h) Describe a site specific emergency action plan.
(2) An additional job briefing must be held immediately if working conditions change during the course of a job. Working conditions would include, but are not limited to, weather, wind, and visibility.
(a) During the job briefing, all affected employees and others, including signalpersons, ground workers, and pilot(s) must be advised of the hazards including a change of operation, if needed.
(b) No employee shall be permitted to work unless all affected employees fully understand the hazards and the change of operation.
AMENDATORY SECTION (Amending Order 76-38, filed 12/30/76)
WAC 296-45-67513 Personal protective equipment (PPE).
Personal protective equipment when working on, under or in the near vicinity of helicopters:
(1) All employees shall wear eye protection of such design as to prevent the likelihood of dust or other substances from contacting the eye(s) of employees.
(2) All employees shall wear ANSI-approved hard hats ((which)) or helmets for electrical work specific to work associated with helicopter operations that shall be secured on the employee's head by a chinstrap or other suitable means.
(3) The employer must perform and document a hazard assessment to identify and determine the appropriate PPE for the work being performed, the location and site and/or equipment.
AMENDATORY SECTION (Amending Order 76-38, filed 12/30/76)
WAC 296-45-67519 ((Housekeeping.)) Landing zones.
(1) When establishing the landing zone, the following items shall be considered:
• Size and type of helicopter;
• Suitability of the planned activity;
• Physical barriers or obstructions;
• Helicopter touchdown area and congestion in the area.
(2) All helicopter landing, loading and unloading areas shall be maintained in a neat and orderly fashion so as to reduce the likelihood of flying materials, tripping, or other hazards attendant to the work being performed.
AMENDATORY SECTION (Amending WSR 94-20-057, filed 9/30/94, effective 11/20/94)
WAC 296-45-67521 ((Operator's)) Pilot's responsibility.
(1) The pilot and employer must ensure the pilot is properly rested and fit for duty.
(2) The helicopter ((operator)) pilot shall be responsible for the size, weight and manner in which loads are connected to the helicopter.
(((2))) (3) No load shall be made if the helicopter ((operator)) pilot believes the lift cannot safely be performed. The employer shall make certain that the ((operator)) pilot of the helicopter is able to freely exercise their prerogative and judgment as to safe operation of the helicopter itself concerning size, weight and manner by which loads are connected.
(((3))) (4) No employee shall work on, under, near or in conjunction with a helicopter whose operation does not correspond with the foregoing provisions.
(5) The pilot shall possess the appropriate ratings for the aircraft and shall be competent to safely conduct the assigned tasks. The pilot shall have the final authority and is solely responsible for the safe operation of the helicopter load at all times.
NEW SECTION
WAC 296-45-67522 Cargo hooks.
(1) All electrically operated cargo hooks shall have the electrical activating device so designed and installed as to prevent inadvertent operation. In addition, these cargo hooks shall be equipped with an emergency mechanical control for releasing the load. The hooks shall be tested prior to each day's operation to determine that the release functions properly, both electrically and mechanically.
(2) No employee shall be permitted to work under a hovering helicopter(s) unless the cargo hooks used comply with Federal Aviation Administration regulations governing such hooks.
AMENDATORY SECTION (Amending Order 76-38, filed 12/30/76)
WAC 296-45-67523 Hooking and unhooking loads.
((No employee shall perform work under hovering helicopters: Provided, That qualified and capable employees may function under such craft for that limited period of time necessary to guide, secure, hook or unhook the loads. When guiding, securing, hooking or unhooking the load at elevated positions, employees shall be assisted by and use a positive positioning guide system. When under hovering helicopters at any other location, the employee shall have a safe means of ingress and egress, including readily available escape route or routes in the event of an emergency. No other work or work-related activity other than the aforementioned shall be permitted under hovering helicopters. Bolting of or otherwise permanently securing the structures is prohibited under hovering helicopters except that in the event of an unforeseen contingency of an emergency nature which represents a substantial hazard to life or property, an employee may do such work as is necessary to preserve life or protect substantial property.)) (1) Work performed at an elevated position and directly under hovering helicopters shall be performed only by qualified and capable employees.
(a) Work shall be limited to the minimum time necessary to guide, secure, hook or unhook the loads, provided that only a single point of attachment is required to secure the load.
(b) When an employee is working from the ground under hovering helicopters, the employee shall have a safe means of ingress and egress at all times, including a readily available escape route or routes in the event of an emergency.
(2) Except as specifically permitted under WAC 296-45-675 through 296-45-67545, no other work or work-related activity shall be permitted under hovering helicopters.
(3) Positive guide systems shall be used for the placement of large segments of primary tower structure and shall enable the heavy lift helicopter to temporarily secure and release the load. Bolting of or otherwise permanently securing the structures is prohibited under hovering helicopters except that in the event of an unforeseen contingency of an emergency nature which represents a substantial hazard to life or property, an employee may do such work as is necessary to preserve life or protect substantial property.
AMENDATORY SECTION (Amending Order 76-38, filed 12/30/76)
WAC 296-45-67525 Static charge.
All loads shall be grounded or bonded with a ((grounding)) device capable of discharging either the actual or potential static charge before ground personnel either touch or come close enough to touch the suspended load((, or protective rubber gloves shall be worn by all ground personnel either touching the suspended load or who are likely to touch the load)).
AMENDATORY SECTION (Amending WSR 94-20-057, filed 9/30/94, effective 11/20/94)
WAC 296-45-67527 ((Load permitted.)) Line stringing.
(1) Weight of the external load shall not exceed the manufacturer's load limit.
(2) ((A helicopter shall not pull any cable, rope or similar line which is at any point attached to a fixed object other than the helicopter itself. Helicopters may pull a free-wheeling sock line so long as the end of the sock line is not tied to a reel, truck, or other fixed object. Such line cannot be tied to or otherwise secured to the roll-off reel other than by having been wrapped around such reel.)) Each helicopter operator utilized in line stringing shall be authorized by the Federal Aviation Administration, Part 133, Class C Operations.
(3) All line stringing operations shall be conducted in accordance with the following requirements:
(a) Stringing tension method shall enable a consistent positive control of the cable, rope, or similar lines at all times during pulling operations;
(b) During all pulling operations, the helicopter pilot shall maintain an aircraft orientation that allows the pilot to maintain constant visibility in both directions on line;
(c) No pulling operation shall be conducted at a speed greater than ten knots;
(d) When pulling from the aircraft belly hook attachment point, a ballast weight of a minimum three hundred pounds shall be utilized;
(e) At no time during the pulling operation shall the load line that is attached to helicopter's belly hook attachment point exceed a thirty degree angle from vertical.
(4) A helicopter shall not pull any cable, rope, or similar line which is at any point attached to a fixed object other than the helicopter itself. Helicopters may pull a "free-wheeling" or "pay-out" of the cable, rope, or similar line so long as the end is not tied to a truck or fixed object other than the reel itself.
AMENDATORY SECTION (Amending Order 76-38, filed 12/30/76)
WAC 296-45-67529 Visibility.
Employees shall keep clear of and outside the downwash of the helicopters except as necessary to perform a permitted activity. Where reasonably ((practicable)) practical, reduced vision of the operator and ground crew shall be eliminated.
AMENDATORY SECTION (Amending WSR 94-20-057, filed 9/30/94, effective 11/20/94)
WAC 296-45-67531 ((Signal systems.)) Communication.
(1) Communication ((shall)) must be maintained between the air crew and ground personnel at all times by a designated and qualified signalperson. Such signal systems ((shall)) must be understood by the air crew and the ground crew, including signalpersons, prior to the hoisting of any load. There ((shall)) must be constant ((radio)) communication using radios or head and hand signals ((used)). The designated signalperson ((shall)) must have the sole and exclusive function during periods of loading and unloading of signaling and maintaining communications with the pilot. The designated signalperson shall be so dressed as to make their appearance distinguishable from other members of the ground crew by the ((operator)) pilot of the ((craft)) aircraft. This may be by way of orange-colored gloves, vest, or other wearing apparel. In addition, the leadworker and one top person shall also have an operating transmitter and receiver.
(2) ((Designated)) Authorized and qualified employees may come within 50 feet of the helicopter when the rotor blades are turning, but no closer, other than to enter the ((craft)) aircraft or to hook or unhook the load or do other essential functions. Other employee(s) shall not come closer than 100 feet of the ((craft)) aircraft when it is operating.
(3) The signals between the signalperson and the operator of the helicopter shall be those submitted to the FAA for the particular job. When head signals are to be used, the qualified worker must utilize a visually enhanced hard hat or helmet with clear markings to indicate the desired movement. Any signals other than up/down or in/out will require the use of hand signals.
(4) Should there occur a change in the hazards, method of performing the job, signals to be used, or other operating conditions during the course of any particular job, a conference shall immediately be held at which time all affected employees and others (including signalpersons, ground workers, and pilots) will be advised of such hazards or change of operation. No employee shall be permitted to work unless such employee and others fully understand any changes that have taken place.
AMENDATORY SECTION (Amending Order 76-38, filed 12/30/76)
WAC 296-45-67533 ((Approaching the)) Helicopter operation.
(1) Whenever approaching or ((leaving)) departing a helicopter with blades rotating, all employees shall remain in full view of the pilot ((or operator)) and remain in a crouched position if within 50 feet of the helicopter. No employee shall approach the rear of the helicopter unless directly authorized and directed by the ((operator)) pilot and the designated signalperson of such craft to be there at that time. All employees when operating or working within 50 feet of the helicopter with blades turning are subject to the direction of the helicopter ((operator)) pilot. No employee shall ((enter or leave)) board or depart the helicopter ((unless and until the place at which they enter or leave such craft is large enough for the helicopter itself to land)) without direction from the pilot in command.
(2) All materials and equipment loaded in the aircraft shall be properly secured for flight.
(3) Long objects, such as shovels and hot sticks, shall be carried horizontally and below the waist to avoid contact with the aircraft rotor blades.
(4) The pilot shall ensure that all loads are safely secured to the helicopter, or in cargo baskets, and properly loaded with regard to weight and balance.
(5) Never throw anything while loading and unloading the helicopter. Thrown items may come in contact with the aircraft rotor blade, causing damage to the aircraft and possible injury to ground personnel.
(6) While in the helicopter, safety belts must remain fastened at all times except when the pilot instructs otherwise or while entering or leaving the helicopter.
(7) Smoking in the helicopter is prohibited at all times.
(8) No employee shall ride in or work under or near a helicopter with less than twenty minutes reserve fuel.
(9) No employee shall have sharp objects in their pocket or unsecured while sitting in or on the helicopter.
(10) No employee shall touch any switch, knob, instrument, or other control device in the cockpit unless specifically directed by the pilot.
(11) No employee shall obscure or otherwise obstruct the pilot's ability to visually see the instruments or flight path during flight or operation.
(12) No employee shall attempt to slow or stop the rotorcraft blades.
NEW SECTION
WAC 296-45-67536 Helicopter work tasks.
(1) Aerial hover transfer.
(a) Full body harnesses, lanyards, hardware, and attachment points must meet the requirements in ANSI Z359.1-2007.
(b) Any employees transferring from a helicopter to a structure/conductor must wear a full body harness and lanyard fixed to an approved attachment point on the helicopter, structure/conductor. An ANSI-approved device that allows the worker to be attached simultaneously to the helicopter and the structure/conductor shall be used until the transfer is complete.
(c) Fall protection must be established and maintained one hundred percent during the entire time the employee is transferring from the helicopter to the structure/conductor.
(2) Human external cargo (HEC).
(a) The sling/vertical suspension system (human external cargo or HEC) is a vertical system suspended from the helicopter cargo hook. The sling system will comply with all governmental requirements (e.g., 14 C.F.R. Part 133, Class B or D – External Load.) The sling system will also comply with 14 C.F.R. 27.865 or 29.865.
(b) Helicopter operations involving HEC shall incorporate the use of a secondary safety device, in addition to the helicopter's primary attachment means, to prevent the inadvertent release of the load. This device shall remain jettison-able in accordance with Class B load requirements.
(i) All lines utilized for HEC operations shall be dedicated for HEC and shall not be used for transporting cargo.
(ii) HEC lines shall not be less than 10:1 safety ratio between the rated breaking strength and the working load.
(iii) All harnesses utilized for helicopter short-haul operations must meet the ANSI Z359.1-2007 standards for class III (full body) harnesses and must be equipped with both dorsal and sternal D rings.
(iv) All suspension harnesses used for HEC must be adjusted to the user. The harness must be equipped with an orthostatic shock relief device. Such devices shall be deployed and used if an employee has been in suspension for any length of time greater than five minutes.
(c) External platform and skid operation. If a platform system is used to transport crews or where a crew member performs work from the platform system and all aircraft attachment points shall comply with applicable FAA regulations and requirements. All platform operations shall be conducted in accordance with the 14 C.F.R. Part 133, Class A – External Load. Flight and hovering capabilities of the helicopter must not be adversely affected by the design of the platform. The platform must not affect the auto rotation and emergency capabilities of the helicopter. The platform and loads may affect the lateral and longitudinal CG weight and balance of the helicopter in flight. An engineered counter-balance system must be used if the platform exceeds the lateral CG limits of the manufacturer's specifications for the helicopter which will ensure stability.
(3) External cargo sling loads. Helicopter longline support operations (cargo operations) shall only be performed by qualified, competent and trained personnel. All operations shall be conducted in accordance with applicable Federal Aviation Administration regulations.
AMENDATORY SECTION (Amending Order 76-38, filed 12/30/76)
WAC 296-45-67537 Sling and rigging.
(1) The pilot is responsible for the integrity of the rigging for any external load and must ensure safe delivery of the cargo by inspecting and monitoring the security of the rigging throughout the operation. Prior to operations, the pilot must check the condition and application of all rigging gear to ensure serviceability. Prior to commencing operations, determine the complete rigging requirements, including slings and taglines.
(2) All personnel involved with rigging activities must receive appropriate rigging training and show proficiency specific to helicopter operations and the work or tasks being performed.
(3) The slings used for the external load ((shall)) must be inspected each day before use. Slings must be inspected by an employee designated ((as rigger, who shall be capable of properly inspecting the rigging, shall inspect the sling.
(2))), trained and qualified as a rigger.
(4) No sling shall be used unless it has a properly marked minimum tensile strength of ((four)) five times the load which will be carried or is being carried.
(((3))) (a) No sling shall be used unless upon inspection it is determined to be in good condition and capable of the work which is to be performed and properly marked.
(b) Loads must be properly slung so that there will be no slippage or shifting of the load and so that the load will not accidently be dislodged from the helicopter.
(c) Helicopter load lines must be comprised of nonconductive materials which are the appropriate weight, strength, and length to prevent the line from being lifted and entangled into the aircraft rotor system.
(d) Pressed sleeves, wedged eyes, or equivalent means shall be used for all suspended loads utilizing wire rope. All eyes on synthetic line shall be produced by the lines manufacturer or a certified splicer for the specific type of line.
AMENDATORY SECTION (Amending WSR 01-17-033, filed 8/8/01, effective 9/1/01)
WAC 296-45-67545 Refueling operations.
(1) ((Under no circumstances shall the)) Refueling of any ((type)) helicopter with either aviation gasoline or Jet B (Turbine) type fuel ((be permitted)) shall be prohibited while the engines are running.
(2) Fueling of helicopters using Jet A (Turbine-Kerosene) type fuel ((may be refueled)) is allowed with engines running ((provided the following criteria is met:)).
(3) All helicopter fueling must comply with the following:
(a) No unauthorized persons shall be allowed within fifty feet of the refueling operation or fueling equipment.
(b) A minimum of one thirty-pound fire extinguisher, or a combination of same, good for class A, B and C fires, shall be provided within one hundred feet on the upwind side of the refueling operation.
(c) All fueling personnel shall be thoroughly trained in the refueling operation and in the use of the available fire extinguishing equipment they may be expected to utilize.
(d) There shall be no smoking, open flames, exposed flame heaters, flare pots, or open flame lights within fifty feet of the refueling area or fueling equipment. All entrances to the refueling area shall be posted with "NO SMOKING" signs.
(e) ((Due to the numerous causes of static electricity, it shall be considered present at all times. Prior to starting refueling operations, the fueling equipment and the helicopter shall be grounded and the fueling nozzle shall be electrically bonded to the helicopter. The use of conductive hose shall not be accepted to accomplish this bonding. All grounding and bonding connections shall be electrically and mechanically firm, to clean unpainted metal parts.)) Prior to making any fueling connection to the aircraft, the fueling equipment shall be bonded to the aircraft by use of a cable, thus providing a conductive path to equalize the potential between the fueling equipment and the aircraft. The bond shall be maintained until fueling connections have been removed, thus allowing separated charges that could be generated during the fueling operation to reunite. Grounding during aircraft fueling shall not be permitted.
(f) To control spills, fuel shall be pumped either by hand or power. Pouring or gravity flow shall not be permitted. Self-closing nozzles or deadman controls shall be used and shall not be blocked open. Nozzles shall not be dragged along the ground.
(g) In case of a spill, the fueling operation shall be immediately stopped until such time as the person-in-charge determines that it is safe to resume the refueling operation.
(((h) When ambient temperatures have been in the one hundred degrees Fahrenheit range for an extended period of time, all refueling of helicopters with the engines running shall be suspended until such time as conditions become suitable to resume refueling with the engines running.
(3))) (4) Helicopters with their engines stopped being refueled with aviation gasoline or Jet B (Turbine) type fuel, shall also comply with subsection (((2))) (3)(a) through (g) of this section.
REPEALER
The following sections of the Washington Administrative Code are repealed:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||