WSR 16-23-138 PERMANENT RULES DEPARTMENT OF LABOR AND INDUSTRIES [Filed November 22, 2016, 8:56 a.m., effective December 23, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule amends 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. The purpose of adopting this rule making regarding chapter 296-823 WAC is to ensure the recordkeeping and reporting requirements are 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 all motor vehicle accidents was inadvertently deleted, but this rule making reinstated this requirement, keeping labor and industries at-least-as-effective-as OSHA.
WAC 296-27-031 Reporting fatalities, inpatient hospitalizations, amputations, and losses of an eye as the result of work-related incidents.
WAC 296-823-170 Records.
WAC 296-823-17010 Maintain a sharps injury log.
Citation of Existing Rules Affected by this Order: See Purpose above.
Adopted under notice filed as WSR 16-16-105 on August 2, 2016.
Changes Other than Editing from Proposed to Adopted Version: When WAC 296-27-031 was updated to be in line with OSHA in 2015, it included a requirement to report any fatality, inpatient hospitalization, amputation, or loss of an eye that resulted from a motor vehicle accident that occurred in a construction work zone but inadvertently included language exempting the reporting of a fatality, inpatient hospitalization, amputation, or loss of an eye motor vehicle accident that occurred on a public street or highway not in a construction work zone. The proposed rules deleted the language exempting the reporting of the incidents resulting from motor vehicle accidents on a public street or highway. As the intent of the rule making is to have all motor vehicle accidents reported, this final rule as adopted deleted all of WAC 296-27-031(9).
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 3, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 22, 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.
(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.
(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
(c) To DOSH by any other means.
(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;
(c) The time and date 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))) (10) 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))) (11) 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.
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.
(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.
(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;
(c) An explanation of how the incident occurred.
(4) You must maintain your contaminated sharps injury records for five years.
(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.
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