WSR 16-17-131

EXPEDITED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed August 23, 2016, 12:06 p.m.]

Title of Rule and Other Identifying Information: Chapter 296-829 WAC, Helicopters; chapter 296-876 WAC, Ladders, portable and fixed; and chapter 296-878 WAC, Window cleaning.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Chris Miller, Department of Labor and Industries, P.O. Box 44610, Olympia, WA 98504, AND RECEIVED BY October 24, 2016.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to fix any outstanding housekeeping issues that are on the department of labor and industries, division of occupational safety and health's change log for the chapters listed above.

Amended Sections:

WAC 296-829-099 Definitions, remove definition of "Jet A Fuel." This term is not used in chapter 296-826 WAC so the definition is not needed.

WAC 296-829-40020 Make sure the load is handled correctly, change the term "figure" to "illustration" in subsection (1).

WAC 296-876-100 Scope, add "For requirements related to mobile ladder stands or rolling ladders, please refer to WAC 296-874-20024 Make sure stairway-type ladders meet these requirements." This addition of this reference will help provide clarity regarding existing requirements for these types of ladders.

WAC 296-876-60050 Extensions and grab bars, delete subsection (3) and renumbered the rest of the section – this was duplicated. The exact same sentence is in subsection (1).

WAC 296-878-15005 Select and use appropriate equipment, update reference to the Ladder, portable and fixed standard in Table 1 from WAC 296-800-876 to chapter 296-876 WAC. This change corrects a typo.

Reasons Supporting Proposal: Updating these housekeeping errors will help keep employers and workers safe by being current.

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, (360) 902-5516; Implementation and Enforcement: Anne Soiza, Tumwater, (360) 902-5090.

August 23, 2016

Joel Sacks

Director

AMENDATORY SECTION (Amending WSR 14-09-095, filed 4/22/14, effective 7/1/14)

WAC 296-829-099 Definitions.

Aviation gasoline. Gasoline fuel for reciprocating piston engine helicopters, also known as avgas.

Cargo hook. A device attached to a helicopter that is used to hold suspended loads.

Competent person. One who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

Deadman controls. A control, switch or device that will automatically shut off whenever the operator releases it.

Deposit area. An area that is designated for dropping off and picking up suspended loads.

Downwash. The wind created by the rotating blades of a helicopter.

Ground device. A device used to dissipate the static electricity charge that has built up on a suspended load.

Helicopter crane. A helicopter that carries cargo or equipment suspended underneath it.

((Jet A type fuel. A kerosene grade fuel suitable for helicopters with turbine engines.))

Jet B type fuel. A blend of gasoline and kerosene fuel.

Powered hoist. A powered device designed to lift and lower equipment and cargo.

Tag line. A line or rope used to control suspended loads that can swing freely.

AMENDATORY SECTION (Amending WSR 14-09-095, filed 4/22/14, effective 7/1/14)

WAC 296-829-40020 Make sure the load is handled correctly.

(1) You must make sure signal systems, whether radio or hand signals, are checked before hoisting the load. When using hand signals, use those shown in ((Figure)) Illustration 1.

(2) You must make sure workers on the ground do either of the following before touching the suspended load:

(a) Use a ground device to safely discharge any static charge; or

(b) Put on and wear rubber gloves.

(3) You must make sure there are enough employees for safe loading and unloading operations.

(4) You must make sure constant communications are maintained between the pilot and signal person.

(5) You must make sure the signal person is distinctly recognizable from other ground personnel.

HELICOPTER HAND SIGNALS



Left arm extended horizontally; right arm sweeps upward to position over.		The signal "Hold" is executed by placing arms over head with clenched fists.

Right arm extended horizontally; left sweeps upward to position over head.		Right hand behind back; left hand pointing up.

Combination of arm and hand movement in a collecting motion pulling toward head.		Arms crossed in front of body and pointing downward.

Hands above arm, palms out using a noticeable showing motion.		Arms extended, palms up; arms sweeping up.

Left arm held down away from body. Right arm cuts across left arm in a slashing movement from above.		Arms extended, palms down; arms sweeping down.

AMENDATORY SECTION (Amending WSR 14-09-095, filed 4/22/14, effective 7/1/14)

WAC 296-876-100 Scope.

This chapter applies to portable and fixed ladders, including job-made wooden ladders. For requirements related to mobile ladder stands or rolling ladders, please refer to WAC 296-874-20024 Make sure stairway-type ladders meet these requirements.


EXEMPTION:	This chapter does not apply to:
	1. Portable ladders used by the fire services for fire combat that are covered by safety standards for firefighters, chapter 296-305 WAC;
	2. Agriculture activities covered by safety standards for agriculture, chapter 296-307 WAC.

AMENDATORY SECTION (Amending WSR 14-09-095, filed 4/22/14, effective 7/1/14)

WAC 296-876-60050 Extensions and grab bars.

(1) You must make sure the side rails of through or side-step ladders extend forty-two inches above the top of the access level or landing platform.


Note:	For a parapet ladder, the access level is:
	1. The roof if the parapet is cut to permit passage through it; or
	2. The top of the parapet if it is continuous and uncut.

(2) You must make sure the extension of a through ladder above the access level or landing platform has:

(a) Steps or rungs omitted from the extension; and

(b) Clearance between the side rails that is:

(i) Not less than twenty-four inches; or

(ii) Greater than thirty inches.


EXEMPTION:	The maximum clearance between side rails of the extension may be increased to thirty-six inches if the ladder has a ladder safety device.

(3) ((You must make sure the side rails of through or side-step ladders extend forty-two inches above the top of the access level or landing platform.

(4))) You must make sure side-step ladders have the steps or rungs and the side rails continuous in the extension.

(((5))) (4) You must make sure individual rung-step ladders are extended at least forty-two inches above the access level or landing platform by:

(a) Continuing the rung spacings as horizontal grab bars; or

(b) Providing vertical grab bars that have the same lateral spacing as the vertical legs of the rungs.


EXEMPTION:	Extensions are not required for individual rung-step ladders with access openings through a manhole or hatch.

(((6))) (5) You must make sure grab bars:

(a) Are at least four inches from the nearest permanent object in back of the grab bar, measured from the centerline of the grab bar; and

(b) Do not extend beyond the rungs on the climbing side of the ladder.

AMENDATORY SECTION (Amending WSR 14-09-095, filed 4/22/14, effective 7/1/14)

WAC 296-878-15005 Select and use appropriate equipment.

(1) You must make sure that all equipment provided to workers for window-cleaning operations is engineered, designed, and intended for use in commercial applications.


Note:	Equipment that is designed or labeled for recreational use or rescue use only is prohibited for use in window-cleaning operations.

(2) You must make sure that the window-cleaning equipment is not altered unless it is specifically approved in writing by the original manufacturer or a registered professional engineer.

(3) You must provide manufacturer's instructions to employees for all window-cleaning equipment they will use.


Reference:	Use Table 1 for other window-cleaning equipment requirements.

Table 1

Other Window-Cleaning Equipment


If you use:		Then follow all requirements in:
Portable ladders		((WAC 296-800-876)) Chapter 296-876 WAC, Ladders, portable and fixed
Supported scaffolds		Chapter 296-24 WAC, Scaffolds
Suspension ropes and lifelines Powered and manual hoists Suspended scaffold equipment		Chapter 296-24 WAC, Scaffolds
Single and multipoint adjustable suspension scaffolds		Chapter 296-24 WAC, Scaffolds
Powered platforms		Chapter 296-24 WAC, PART J-3, Powered platforms