WSR 16-16-105

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed August 2, 2016, 9:20 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 16-09-090.

Title of Rule and Other Identifying Information: Chapter 296-823 WAC, Occupational exposure to bloodborne pathogens, and WAC 296-27-031 Reporting fatalities, inpatient hospitalizations, amputations, and losses of an eye as the result of work-related incidents.

Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., Room S129, Tumwater, WA 98501, on September 8, 2016, at 1:30 p.m.

Date of Intended Adoption: November 1, 2016.

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 September 15, 2016.

Assistance for Persons with Disabilities: Contact Tari Enos by August 25, 2016, at (360) 902-5541.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule making in chapter 296-823 WAC is to update the recordkeeping and reporting requirements to be in line with those in chapter 296-27 WAC, Recordkeeping and reporting, as well as being at-least-as-effective-as the Occupational Safety and Health Administration (OSHA). When WAC 296-27-031 was updated to be in line with OSHA in 2015, a requirement to report motor vehicle accidents (MVA) was inadvertently deleted and we are proposing to reinstate this requirement.

References, formatting and minor housekeeping changes may be made throughout the chapter and section listed above.

WAC 296-27-031 Reporting fatalities, inpatient hospitalizations, amputations, and losses of an eye as the result of work-related incidents.

•

In subsection (9), remove "If the motor vehicle accident occurred on a public street or highway, but not in a construction work zone, you do not have to report the fatality, inpatient hospitalization, amputation, or loss of an eye" due to this change removing the requirement to report MVAs unless they weren't in a construction zone.

WAC 296-823-170 Records.

•	Update title from "Records" to "Medical records and recording needle stick and sharps injuries."
•	Update "Your Responsibility" section to read "To establish and maintain medical records, and record all occupational injuries resulting from contaminated needle sticks or cuts from contaminated sharps."
•	Update the table to read:


You must ((meet the requirements)) …	in ((this)) section:
Establish and maintain medical records	WAC 296-823-17005
((Maintain a sharps injury log)) Record needle stick and sharps injuries.	WAC 296-823-17010

WAC 296-823-17010 Maintain a sharps injury log.

•	Update title of WAC to read "Recording needle stick and sharps injuries."
•	Update subsection (1) to read: "You must follow the requirements in chapter 296-27 WAC, Recordkeeping and reporting, for recording occupational injuries and illnesses including needle stick and sharps injuries, unless you meet one of the exemptions specified in WAC 296-27-00103 or WAC 296-27-00105."
•	Update subsection (2) to read: "If you are not exempt from the recordkeeping requirements in chapter 296-27 WAC, then you must also record the type and brand of device involved in injuries resulting from a needle stick or cut with a sharps that is contaminated with another person's blood or other potentially infectious material on the OSHA 300 log or equivalent form."
•	Remove subsection (3) and the note following it.

Reasons Supporting Proposal: Updating the recordkeeping and reporting rules are so chapter 296-823 WAC requirements match those of chapter 296-27 WAC, as well as being at-least-as-effective-as 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. The proposed rules are adopting or incorporating by reference without material change, federal statutes or regulations changes and are exempt under RCW 19.85.025(3) referencing RCW 34.05.310 (4)(c).

A cost-benefit analysis is not required under RCW 34.05.328. No cost-benefit analysis was prepared. The proposed rules are adopting or incorporating by reference without material change, federal statutes or regulations changes and are exempt under RCW 34.05.328 (5)(b)(iii).

August 2, 2016

Joel Sacks

Director

AMENDATORY SECTION (Amending WSR 15-11-066, filed 5/19/15, effective 7/1/15)

WAC 296-27-031 Reporting fatalities, inpatient hospitalizations, amputations, and losses of an eye as the result of work-related incidents.

(1) You must report to DOSH within eight hours of a work-related incident that results in:

(a) A fatality; or

(b) An inpatient hospitalization of any employee.


Notes:	1. Secure the scene of work-related events that result in the death or inpatient hospitalization of any worker, refer to WAC 296-800-320.
	2. Do not move equipment involved (i.e., personal protective equipment (PPE), tools, machinery or other equipment), unless it is necessary to remove the victim or prevent further injuries, refer to WAC 296-800-32010.

(2) You must report to DOSH within twenty-four hours of a work-related incident that results in either an amputation or the loss of an eye that does not require inpatient hospitalization.


Notes:	1. If the amputation or loss of an eye requires inpatient hospitalization, follow the eight-hour reporting requirement in WAC 296-27-031(1).
	2. Inpatient hospitalization that involves only observation or diagnostic testing is not a reportable inpatient hospitalization.

(3) If you do not learn about a reportable fatality, inpatient hospitalization, amputation, or loss of an eye at the time it takes place, you must make the report to DOSH within the following time periods after the fatality, inpatient hospitalization, amputation, or loss of an eye is reported to you or any of your agents:

(a) Eight hours for a fatality or an inpatient hospitalization of one or more employees.

(b) Twenty-four hours for an amputation or a loss of an eye that does not require inpatient hospitalization.

(4) If you do not learn right away that the reportable fatality, inpatient hospitalization, amputation, or loss of an eye was the result of a work-related incident, you must make the report to DOSH within the following time periods after you or any of your agents learn that the reportable fatality, inpatient hospitalization, amputation, or loss of an eye was the result of a work-related incident:

(a) Eight hours for a fatality or an inpatient hospitalization of one or more employees.

(b) Twenty-four hours for an amputation or a loss of an eye that does not require inpatient hospitalization.

(5) You must report the fatality, inpatient hospitalization, amputation, or loss of an eye in the required time frame using one of the following methods:

(a) By telephone to the department's toll-free telephone number, 1-800-4BE-SAFE (1-800-423-7233) or in person to the Labor and Industries' Division of Occupational Safety and Health (DOSH) office located nearest to the site of the incident;

(b) By telephone to the OSHA toll-free telephone number, 1-800-321-OSHA (1-800-321-6742); or

(6) If the local office is closed, you must report a fatality, inpatient hospitalization, amputation, or the loss of an eye incident by:

(a) Calling the department at 1-800-4BE-SAFE (1-800-423-7233); or

(b) Calling OSHA's toll-free telephone number at 1-800-321-6742.

(7) You must provide DOSH with the following information for each fatality, inpatient hospitalization, amputation, or loss of an eye:

(a) The establishment name;

(b) The location of the work-related incident;

(d) The type of reportable event (i.e., fatality, inpatient hospitalization, amputation, or loss of an eye);

(e) The number of employees who suffered a fatality, inpatient hospitalization, amputation, or loss of an eye;

(f) The names of the employees who suffered a fatality, inpatient hospitalization, amputation, or loss of an eye;

(g) Your contact person and their phone number; and

(h) A brief description of the work-related incident.

(8) If a fatality does not occur during or right after the work-related incident, you must only report it to DOSH if the fatality occurs within thirty days of the work-related incident.

(9) You must report a fatality, inpatient hospitalization, amputation, or loss of an eye that resulted from a motor vehicle accident that occurred in a construction work zone. ((If the motor vehicle accident occurred on a public street or highway, but not in a construction work zone, you do not have to report the fatality, inpatient hospitalization, amputation, or loss of an eye.)) However, the fatality, inpatient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records.

(10) You do not have to report an incident that resulted in a fatality, inpatient hospitalization, amputation, or loss of an eye to DOSH if it occurred on a commercial or public transportation system (e.g., airplane, train, subway, or bus). However, the fatality, inpatient hospitalization, amputation, or loss of an eye must be recorded on your OSHA injury and illness records, if you are required to keep such records.

(11) You must report to DOSH when a heart attack occurs in the work environment that results in a fatality or inpatient hospitalization. DOSH will decide whether to investigate the event, depending on the circumstances of the heart attack.

(12) You must only report to DOSH each inpatient hospitalization that involves medical care or treatment. Inpatient hospitalization involving only observation or diagnostic testing need not be reported.

AMENDATORY SECTION (Amending WSR 15-23-086, filed 11/17/15, effective 12/18/15)

WAC 296-823-170 Medical records and recording needle stick and sharps injuries.

Summary

Your responsibility:

To ((obtain)) establish and maintain ((required)) medical records, and record all occupational injuries resulting from contaminated needle sticks or cuts from contaminated sharps.


You must ((meet the requirements)) …	in ((this)) section:
Establish and maintain medical records	WAC 296-823-17005
((Maintain a sharps injury log)) Record needle stick and sharps injuries	WAC 296-823-17010

AMENDATORY SECTION (Amending WSR 15-23-086, filed 11/17/15, effective 12/18/15)

WAC 296-823-17010 ((Maintain a)) Recording needle stick and sharps ((injury log)) injuries.


((EXEMPTION:	You are exempt from the requirements to record contaminated sharps injuries if you have ten or less employees.))

(1) You must ((record contaminated sharps injuries on your OSHA 300 or equivalent log)) follow the requirements in chapter 296-27 WAC, Recordkeeping and reporting, for recording occupational injuries and illnesses including needle stick and sharps injuries, unless you meet one of the exemptions specified in WAC 296-27-00103 or 296-27-00105.


((Reference:	Requirements for the OSHA 300 log are found in chapter 296-27 WAC, Recordkeeping and reporting.

(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;

(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.))

(2) If you are not exempt from the recordkeeping requirements in chapter 296-27 WAC, then you must also record the type and brand of device involved in injuries resulting from a needle stick or cut with a sharps that is contaminated with another person's blood or other potentially infectious material on the OSHA 300 log or equivalent form.