WSR 16-20-084 EXPEDITED RULES DEPARTMENT OF LABOR AND INDUSTRIES [Filed October 4, 2016, 12:11 p.m.]
Title of Rule and Other Identifying Information: Chapter 296-823 WAC, Occupational exposure to bloodborne pathogens; chapter 296-869 WAC, Elevating work platforms; chapter 296-870 WAC, Powered platforms; and chapter 296-874 WAC, Scaffolds.
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 December 5, 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, as well as proposing to add language back in that is currently in federal Occupational Safety and Health Administration (OSHA) rules that was inadvertently removed from chapter 296-870 WAC during previous rule making.
WAC 296-823-16015 Provide the results of the source person's blood test to the exposed employee.
WAC 296-869-60040 Working from the platform.
WAC 296-870-099 Definitions.
WAC 296-870-20010 Personnel requirements.
WAC 296-870-50010 Fall protection.
WAC 296-870-60005 Design.
(a) Safe access to and egress from the equipment; and
(b) Sufficient space to conduct maintenance of the equipment."
WAC 296-870-70050 Suspended working platforms and manned platforms used on supported equipment.
WAC 296-874-40006 Make sure supported scaffolds are properly supported.
WAC 296-874-40030 Meet these requirements when using pole scaffolds.
Reasons Supporting Proposal: Updating these housekeeping errors and replacing the language that was inadvertently removed will ensure that all readers of these rule sections can clearly understand the rules, keeping employers and employees safe on the job.
Statute Being Implemented: Chapter 49.17 RCW.
Rule is necessary because of federal law, [no further information supplied by agency].
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.
October 4, 2016
Joel Sacks
Director
AMENDATORY SECTION (Amending WSR 15-23-086, filed 11/17/15, effective 12/18/15)
WAC 296-823-16015 Provide the results of the source person's blood test to the exposed employee.
(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.
AMENDATORY SECTION (Amending WSR 15-23-086, filed 11/17/15, effective 12/18/15)
WAC 296-869-60040 Working from the platform.
(1) You must make sure persons working from the platform:
(a) Keep a firm footing on the platform; and
(b) Do not use guardrails, planks, ladders, or any other device to gain additional height or reach.
(2) You must make sure all persons on the platform of boom-supported elevating work platforms wear a full body harness and lanyard fixed to manufacturer provided and approved attachment points.
(3) You must make sure the rated capacities of the platform are not exceeded when transferring loads to the platform at any height.
AMENDATORY SECTION (Amending WSR 15-23-086, filed 11/17/15, effective 12/18/15)
WAC 296-870-099 Definitions.
Anemometer. An instrument for measuring wind velocity.
Angulated roping. A suspension method where the upper point of suspension is inboard from the attachments on the suspended unit, thus causing the suspended unit to bear against the face of the building.
Building face rollers. A specialized form of guide roller designed to ride on the face of the building wall to prevent the platform from abrading the face of the building and to assist in stabilizing the platform.
Building maintenance. Operations such as window cleaning, caulking, metal polishing, reglazing, and general maintenance on building surfaces.
Cable. A conductor, or group of conductors, enclosed in a weatherproof sheath, that may be used to:
((•)) (a) Supply electrical power or control current for equipment; or
((•)) (b) Provide voice communication circuits.
Carriage. A wheeled vehicle used for the horizontal movement and support of other equipment.
Certification. A written, signed, and dated statement confirming the performance of a requirement.
Combination cable. A cable having both steel structural members capable of supporting the platform, and copper or other electrical conductors insulated from each other and the structural members by nonconductive barriers.
Competent person. Someone who:
((•)) (a) Is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees; and
((•)) (b) Has the authority to take prompt corrective measures to eliminate them.
Continuous pressure. Operation of a control by requiring constant manual actuation for the control to function.
Control. A system or mechanism used to regulate or guide the operation of equipment.
Davit. A device, used singly or in pairs, for suspending a powered platform from work, storage and rigging locations on the building being serviced. Unlike outriggers, a davit reacts its operating load into a single roof socket or carriage attachment.
Design factor. The ratio of the rated strength of the suspension wire rope to the rated working load. It is calculated using the following formula:
F = (S x N)/W
Where:
F = Design factor
S = Manufacturer's rated strength of one suspension rope
N = Number of suspension ropes under load
W = Rated working load on all ropes at any point of travel.
Equivalent. Alternative design, material or method to protect against a hazard. You have to demonstrate it provides an equal or greater degree of safety for employees than the method, material or design specified in the rule.
Existing installation. A permanent powered platform installation that:
((•)) (a) Was completed before July 23, 1990; and
((•)) (b) Has had no major modification done after July 23, 1990.
Ground rigged davit. A davit which cannot be used to raise a suspended working platform above the building face being serviced.
Ground rigging. A method of suspending a working platform starting from a safe surface to a point of suspension above the safe surface.
Guide button. A building face anchor designed to engage a guide track mounted on a platform.
Guide roller. A rotating cylindrical member that provides continuous engagement between the suspended or supported equipment and the building guides. It may operate separately or as part of a guide assembly.
Guide shoe. A device that is similar to a guide roller but is designed to provide a sliding contact between the shoe and the building guides.
Hoisting machine. A device intended to raise and lower a suspended or supported unit.
Installation. A powered platform installation consists of all the equipment and the parts of the building involved with using the powered platform for building maintenance.
Interlock. A device designed to ensure that operations or motions occur in proper sequence.
Intermittent stabilization. A method of platform stabilization in which the angulated suspension wire ropes are secured to regularly spaced building anchors.
Lanyard. A flexible line of rope, wire rope or strap which is used to secure the body harness to a deceleration device, lifeline or anchorage.
Lifeline. A component consisting of a flexible line that connects to an anchorage at one end to hang vertically (vertical lifeline), or that connects to anchorages at both ends to stretch horizontally (horizontal lifeline). It serves as a means for connecting other components of a personal fall arrest system to the anchorage.
Live load. The total static weight of workers, tools, parts, and supplies that the equipment is designed to support.
New installation. A permanent powered platform installation that was completed, or an existing installation that has had major modifications done, after July 23, 1990.
Operating control. A mechanism regulating or guiding the operation of equipment that makes sure the equipment operates in a specific mode.
Operating device. A push button, lever, or other manual device used to actuate a control.
Outrigger. A device, used singly or in pairs, for suspending a working platform from work, storage, and rigging locations on the building being serviced. Unlike davits, an outrigger reacts its operating moment load as at least two opposing vertical components acting into two or more distinct roof points and/or attachments.
Poured socket. A method of providing wire rope termination in which the ends of the rope are held in a tapered socket by means of poured spelter or resins.
Primary brake. A brake designed to be applied automatically whenever power to the prime mover is interrupted or discontinued.
Prime mover. The source of mechanical power for a machine.
Rated load. The manufacturer's specified maximum load.
Rated strength. The strength of wire rope, as designated by its manufacturer or vendor, based on standard testing procedures or acceptable engineering design practices.
Rated working load. The combined static weight of workers, materials, and suspended or supported equipment.
Registered professional engineer. A person who has been duly and currently registered and licensed by an authority within the United States or its territories to practice the profession of engineering.
Roof-powered platform. A powered platform having the raising and lowering mechanism located on the roof.
Roof-rigged davit. A davit used to raise the suspended working platform above the building face being serviced. This type of davit can also be used to raise a suspended working platform which has been ground rigged.
Rope. The equipment, such as wire rope, that is used to suspend a component of an equipment installation.
Safe surface. A horizontal surface that provides reasonable assurance that personnel occupying the surface will be protected from falls. This protection can be provided by location, a fall protection system, or other equivalent method.
Secondary brake. A brake designed to arrest the descent of the suspended or supported equipment in the event of an overspeed condition.
Stability factor. The ratio of the stabilizing moment to the overturning moment.
Stabilizer tie. A flexible line connecting the building anchor and the suspension wire rope supporting the platform.
Supported equipment. Building maintenance equipment that is held in or moved to its working position by means of attachment directly to the building or extensions of the building being maintained.
Suspended equipment. Building maintenance equipment that is suspended and raised or lowered to its working position by means of ropes or combination cables attached to some anchorage above the equipment.
Tie-in guides. The portion of a building that provides continuous positive engagement between the building and a suspended or supported unit during its vertical travel on the face of the building.
Transportable outriggers. Outriggers designed to be moved from one work location to another.
Type F powered platform. A powered platform that has both of the following characteristics:
((•)) (a) The working platform is suspended by at least four wire ropes and designed so that failure of any one wire rope will not substantially alter the normal position of the working platform; and
((•)) (b) Only one layer of hoisting rope is permitted on the winding drums.
Type T powered platform. A powered platform installation that has a working platform suspended by at least two wire ropes. The platform will not fall to the ground if a wire rope fails, but the working platform's normal position would be upset.
Verified. Accepted by design, evaluation, or inspection by a registered professional engineer.
Weatherproof. Constructed or protected so that exposure to the weather will not interfere with successful operation.
Winding drum hoist. A type of hoisting machine that accumulates the suspension wire rope on the hoisting drum.
Working platform. The suspended or supported equipment intended to provide access to the face of the building and manned by persons engaged in building maintenance.
Wrap. One complete turn of the suspension wire rope around the surface of a hoist drum.
AMENDATORY SECTION (Amending WSR 15-23-086, filed 11/17/15, effective 12/18/15)
WAC 296-870-20010 Personnel requirements.
(1) You must prohibit employees from using the installation until the building owner has provided the required written certifications.
(2) You must make sure working platforms are operated only by persons proficient in the operation, safe use and inspection of the particular working platform.
AMENDATORY SECTION (Amending WSR 15-23-086, filed 11/17/15, effective 12/18/15)
WAC 296-870-50010 Fall protection.
(1) You must make sure the fall protection system of both Type F and Type T powered platforms meet the requirements of Appendix C—Personal fall arrest system, WAC 296-24-88050, found in the General safety and health standards, chapter 296-24 WAC.
(2) You must make sure working platforms have permanent guardrails that meet all of the following requirements:
(a) Guardrails on the building side (front) of the platform have a top rail that is not less ((that)) than thirty-eight inches and not more than forty-five inches high.
(b) Guardrails on the other three sides have a top rail that is not less than forty-five inches high.
(c) Top rails are able to withstand a force of at least two hundred pounds.
(d) Guardrails have a midrail around the entire platform between the top rail and the toeboard.
AMENDATORY SECTION (Amending WSR 15-23-086, filed 11/17/15, effective 12/18/15)
WAC 296-870-60005 Design.
(1) You must make sure structural supports, tie-downs, tie-in guides, anchoring devices and any affected parts of the building included in the installation are designed by, or under the direction of, a registered professional engineer experienced in such design.
(2) You must make sure affected parts of the building are capable of sustaining all the loads imposed by the equipment.
(3) You must make sure exterior installations are capable of withstanding prevailing climatic conditions.
(4) You must make sure the affected parts of the building allow employees to use the equipment without being exposed to a hazardous condition.
(5) You must make sure the building design and installation provides:
(a) Safe access to and egress from the equipment; and
(b) Sufficient space to conduct maintenance of the equipment.
AMENDATORY SECTION (Amending WSR 15-23-086, filed 11/17/15, effective 12/18/15)
WAC 296-870-70050 Suspended working platforms and manned platforms used on supported equipment.
(1) You must make sure the width of the working platform is:
(a) At least twenty-four inches (610 mm); and
(b) Allows a minimum of a twelve-inch (305 mm) wide passage at or past any obstruction on the platform.
(2) You must make sure the platform has slip-resistant flooring.
(3) You must make sure any opening in the platform is either:
(a) Small enough to prevent passage of life lines, cables, and other potential falling objects; or
(b) Protected by material under the opening which prevents the passage of life lines, cables, and potential falling objects.
(4) You must make sure means are provided to store any cable suspended from above the platform to keep it from accumulating on the floor of the platform.
(5) You must make sure means are provided to secure all tools, water tanks, and other accessories to keep them from moving or accumulating on the floor of the platform.
(6) You must make sure flammable liquids are not carried on the working platform.
(7) You must make sure a type B-C portable fire extinguisher is provided and securely attached on all working platforms.
(8) You must make sure operating controls for vertical travel of the platform are:
(a) Continuous-pressure type; and
(b) Located on the platform.
(9) You must make sure the maximum rated speed of the platform is limited to:
(a) Fifty feet per minute (0.3 ms) for single speed hoists; and
(b) Seventy-five feet per minute (0.4 ms) for multispeed hoists.
(10) You must make sure access to and egress from a working platform, except for those that land directly on a safe surface, is provided by stairs, ladders, platforms or runways.
(11) You must make sure access gates are self-closing and self-latching.
(12) You must make sure a suspended platform's suspension system restricts the platform inboard to outboard roll around its longitudinal axis to not more than fifteen degrees from the horizontal when moving the live load from the inboard to the outboard side of the platform.
AMENDATORY SECTION (Amending WSR 15-23-086, filed 11/17/15, effective 12/18/15)
WAC 296-874-40006 Make sure supported scaffolds are properly supported.
(1) You must make sure supported scaffold poles, legs, posts, frames, and uprights are:
(a) Plumb; and
(b) Braced to prevent swaying or displacement.
(2) You must make sure supported scaffold poles, legs, posts, frames, and uprights, bear on base plates that rest on:
(a) Mudsills; or
(b) Other firm foundations such as concrete or dry, compacted soil.
(3) You must make sure foundations are all of the following:
(a) Level;
(b) Sound;
(c) Rigid;
(d) Capable of supporting the loaded scaffold without settling or displacement.
(4) You must make sure unstable objects are not used:
(a) To support scaffolds or platform units; or
(b) As working platforms.
(5) You must make sure mobile scaffolds meet these additional requirements:
(a) Wheel and caster stems are pinned or otherwise secured in the scaffold legs or adjustment screws;
(b) Wheels and casters are locked, or equivalent means are used, to prevent movement when the scaffold is being used;
(c) Screw jacks or other equivalent means are used if it's necessary to level the work platform.
(6) You must make sure front-end loaders and similar equipment used to support scaffold platforms have been specifically designed for such use by the manufacturer.
AMENDATORY SECTION (Amending WSR 15-23-086, filed 11/17/15, effective 12/18/15)
WAC 296-874-40030 Meet these requirements when using pole scaffolds.
(1) You must make sure pole scaffolds over sixty feet high are:
(a) Designed by a registered professional engineer; and
(b) Constructed and loaded as specified in the design.
(2) You must leave existing platforms undisturbed until new bearers have been set in place and braced before moving the platforms to the new level.
(3) You must install bracing on double-pole scaffolds as follows:
(a) Crossbracing between the inner and outer sets of poles;
(b) Diagonal bracing in both directions across the entire outside face of the scaffold;
(c) Diagonal bracing in both directions across the entire inside face of scaffolds that are used to support loads equivalent to a uniformly distributed load of fifty pounds (((222)) 22.7 kg) or more per square foot (929 square cm).
(4) You must install diagonal bracing on single pole scaffolds in both directions across the entire outside face of the scaffold.
(5) You must make sure runners meet all of the following:
(a) Are installed on edge;
(b) Extend over a minimum of two poles;
(c) Are supported by bearing blocks securely attached to the poles.
(6) You must make sure bearers are:
(a) Installed on edge; and
(b) Extend a minimum of three inches (7.6 cm) over the outside edges of runners.
(7) You must make sure runners, bearers, and braces are not spliced between poles.
(8) You must make sure wood poles that are spliced together meet both of the following:
(a) The ends of the poles at the splice:
(i) Are square; and
(ii) The upper section rests squarely on the lower section.
(b) Wood splice plates are provided that meet all of the following:
(i) Are installed on at least two adjacent sides;
(ii) Extend at least two feet (0.6 m) on either side of the splice;
(iii) Overlap the abutted ends equally;
(iv) Have the same cross-sectional areas as the pole.
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