WSR 18-22-116

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed November 6, 2018, 11:22 a.m., effective December 7, 2018]

Effective Date of Rule: Thirty-one days after filing.

Purpose: eRules Phase 6: Chapter 296-305 WAC, Safety standards for firefighters; chapter 296-800 WAC, Safety and health core rules; chapter 296-802 WAC, Employee medical and exposure records; chapter 296-833 WAC, Temporary housing for workers; chapter 296-843 WAC, Hazardous waste operations; chapter 296-848 WAC, Arsenic; chapter 296-849 WAC, Benzene; chapter 296-855 WAC, Ethylene oxide; and chapter 296-856 WAC, Formaldehyde.

The purpose of adopting this rule making is to have a consistent format across all department of occupational safety and health (DOSH) rules. The updated format will provide easy access to rules from smart phones and tablet users. It will also provide easy navigation in PDF documents, as well as easier referencing by replacing bullets and dashes with numbers and letters. No rule requirements were changed as a result of this rule-making adoption. References, formatting and minor housekeeping changes were made throughout the chapter in this rule making. See below for a list of changes being adopted as proposed:


•	No changes in requirements as a result of this rule making.
•	Consistent format for all DOSH safety and health rules.
•	Easy to access rules for smart phone and table [tablet] users.
•	Easy navigation in PDF files provided through bookmarks in the rules.
•	Easier referencing by replacing bullets and dashes with numbers and letters.
•	Enhanced rule update efficiency for customers through electronic postings.
•	"Housekeeping" corrections such as correcting dead links and obsolete references.
•	Applying "plain talk" principles such as changing passive language to active for better clarity.
•	Definitions sections moved to the beginning of several chapters, requiring the repeal of old sections and creation of new sections.

Citation of Rules Affected by this Order: New WAC 296-800-099 Definitions, 296-802-099 Definitions, 296-843-099 Definitions, 296-848-099 Definitions, 296-849-030 Definitions, 296-855-099 Definitions and 296-856-099 Definitions; repealing WAC 296-800-370 Definitions, 296-802-900 Definitions, 296-843-300 Definitions, 296-848-500 Definitions, 296-849-190 Definitions, 296-855-500 Definitions and 296-856-500 Definitions; and amending WAC 296-305-01003 Scope and application, 296-305-01005 Definitions, 296-305-01007 Variance and procedure, 296-305-01501 Injury and illness reports for firefighters, 296-305-01503 Accident/incident investigation, 296-305-01505 Accident prevention program, 296-305-01507 Fire department health and safety officer, 296-305-01509 Management's responsibility, 296-305-01511 Employee's responsibility, 296-305-01513 Safe place standards, 296-305-01515 First-aid training and certification, 296-305-01517 First-aid kits, 296-305-02001 Personal protective equipment and protective clothing, 296-305-02002 Structural firefighting clothing (SFF), 296-305-02004 Protection ensemble for structural firefighting, 296-305-02012 Body armor, 296-305-02017 Personal alert safety system (PASS) protection, 296-305-02019 Life safety ropes, harnesses, and hardware protection, 296-305-02501 Emergency medical protection, 296-305-03002 Hazardous materials, 296-305-04001 Respiratory equipment protection, 296-305-04501 Automotive fire apparatus design and construction, 296-305-04503 Automotive fire apparatus equipment, 296-305-04505 Automotive apparatus operational rules, 296-305-04507 Fire apparatus maintenance and repair, 296-305-04510 Aerial apparatus, 296-305-05000 Incident management, 296-305-05002 Fire suppression, 296-305-05004 Occupational exposure to heat and cold stress, 296-305-05013 Aircraft rescue and firefighting, 296-305-05101 Technical rescue general requirements, 296-305-05103 Technical rescue training, 296-305-05105 Technical rescue standard operating procedure, 296-305-05107 Technical rescue incident response planning, 296-305-05109 Technical rescue equipment, 296-305-05111 Technical rescue safety, 296-305-05113 Technical rescue operational specialties, 296-305-05502 Training and member development, 296-305-06001 Fire service equipment, 296-305-06003 Testing fire service equipment, 296-305-06006 Ground ladders, 296-305-06008 Electrical, 296-305-06503 General requirements, 296-305-06505 Sanitation, disinfection, cleaning, and storage areas, 296-305-06507 Sleeping areas, 296-305-06509 Apparatus areas, 296-305-06511 Indoor air quality, 296-305-06513 Refueling areas, 296-305-06515 Hose drying towers, 296-305-06517 Drill tower training facilities, 296-305-06519 Fire station equipment and tools, 296-305-07001 Wildland fire operations, 296-305-07002 Wildland fire personnel accountability, 296-305-07004 Heat-related illness prevention for wildland firefighters, 296-305-07006 Equipment for wildland firefighting, 296-305-07008 Aircraft operations for fighting wildland fires, 296-305-07010 Training for wildland firefighting, 296-305-07012 Personal protective clothing and equipment for wildland firefighting, 296-305-07014 Apparatus standards for wildland firefighting, 296-305-07016 Falling and equipment in forest lands, 296-305-07018 Occupant restraints and enclosures for wildland firefighting, 296-305-08000 Appendices, 296-800-100 Introduction, 296-800-110 Employer responsibilities: Safe workplace—Summary, 296-800-11005 Provide a workplace free from recognized hazards, 296-800-11010 Provide and use means to make your workplace safe, 296-800-11015 Prohibit employees from entering, or being in, any workplace that is not safe, 296-800-11020 Construct your workplace so it is safe, 296-800-11025 Prohibit alcohol and narcotics from your workplace, 296-800-11030 Prohibit employees from using tools and equipment that are not safe, 296-800-11035 Establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice, 296-800-11040 Control chemical agents, 296-800-11045 Protect employees from biological agents, 296-800-120 Rule, 296-800-12005 Employee responsibilities, 296-800-130 Safety committees/safety meetings—Summary, 296-800-13020 Establish and conduct safety committees, 296-800-13025 Follow these rules to conduct safety meetings, 296-800-140 Accident prevention program, 296-800-14005 Develop a formal, written accident prevention program, 296-800-14020 Develop, supervise, implement, and enforce safety and health training programs that are effective in practice, 296-800-14025 Make sure your accident prevention program is effective in practice, 296-800-150 Rule summary, 296-800-15005 Make sure that first-aid trained personnel are available to provide quick and effective first aid, 296-800-15020 Make sure appropriate first-aid supplies are readily available, 296-800-15030 Make sure emergency washing facilities are functional and readily accessible, 296-800-15035 Inspect and activate your emergency washing facilities, 296-800-15040 Make sure supplemental flushing equipment provides sufficient water, 296-800-160 Summary, 296-800-16002 Compliance duties owed to each employee, 296-800-16005 Do a hazard assessment for PPE, 296-800-16010 Document your hazard assessment for PPE, 296-800-16015 Select appropriate PPE for your employees, 296-800-16020 Provide PPE to your employees, 296-800-16025 Train your employees to use PPE, 296-800-16030 Retrain employees to use PPE, if necessary, 296-800-16035 Document PPE training, 296-800-16040 Require your employees to use necessary PPE on the job, 296-800-16045 Keep PPE in safe and good condition, 296-800-16050 Make sure your employees use appropriate eye and face protection, 296-800-16055 Make sure your employees use appropriate head protection, 296-800-16060 Make sure your employees use appropriate foot protection, 296-800-16065 Make sure your employees use appropriate hand protection, 296-800-16070 Make sure your employees are protected from drowning, 296-800-180 Safety data sheets (SDSs) as exposure records, 296-800-18005 Preserve exposure records for at least ((30))thirty years, 296-800-18010 Inform current employees of exposure records, 296-800-18015 Provide access to exposure records, 296-800-18020 Transfer records when ceasing to do business, 296-800-190 Summary/rule, 296-800-19005 Provide a safety bulletin board in your workplace, 296-800-200 Job safety and health law poster, 296-800-20005 Post and keep a job safety and health law poster in your workplace, 296-800-21005 Provide and maintain adequate lighting, 296-800-220 Housekeeping, drainage, and storage—Summary, 296-800-22005 Keep your workplace clean, 296-800-22010 Sweep and clean your workplace to minimize dust, 296-800-22015 Keep your workplace free of obstacles that interfere with cleaning, 296-800-22020 Control pests in your workplace, 296-800-22022 Make sure floors are maintained in a safe condition, 296-800-22025 Keep your workroom floors dry, when practical, 296-800-22030 Provide proper drainage, 296-800-22035 Store things safely, 296-800-22040 Control vegetation in your storage areas, 296-800-230 Summary, 296-800-23005 Provide safe drinking (potable) water in your workplace, 296-800-23010 Clearly mark the water outlets that are not fit for drinking (nonpotable), 296-800-23015 Make sure that systems delivering not-fit-for drinking (nonpotable) water prevent backflow into drinking water systems, 296-800-23020 Provide bathrooms for your employees, 296-800-23025 Provide convenient and clean washing facilities, 296-800-23040 Make sure eating areas are safe and healthy, 296-800-23045 Follow these requirements if you provide food service to your employees, 296-800-23050 Dispose of garbage and waste safely, 296-800-23055 Remove garbage and waste in a way that does not create a health hazard, 296-800-23060 Provide a separate lunchroom if employees are exposed to toxic substances if they are allowed to eat and drink on the job site, 296-800-23065 Provide showers when required for employees working with chemicals, 296-800-23070 Provide change rooms when required, 296-800-23075 Make sure any work clothes you provide are dry, 296-800-240 Summary, 296-800-24005 Prohibit tobacco smoke in your office work environment, 296-800-250 Summary, 296-800-25005 Provide fixed stairs where required, 296-800-25010 Provide stairs that minimize hazards, 296-800-25015 Provide handrails and stair railings, 296-800-260 Summary, 296-800-26005 Guard or cover floor openings and floor holes, 296-800-26010 Protect open-sided floors and platforms, 296-800-270 Summary, 296-800-27005 Do not overload floors or roofs, 296-800-27010 Make sure that floors are safe, 296-800-27015 Make sure floors can support equipment that moves or has motion, 296-800-27020 Post approved load limits (weight limits) for floors, 296-800-280 Basic electrical rules, 296-800-28005 Inspect all electrical equipment your employees use to make sure the equipment is safe, 296-800-28010 Make sure all electrical equipment is used for its approved or listed purpose, 296-800-28015 Make sure electrical equipment used or located in wet or damp locations is designed for such use, 296-800-28020 Make sure electrical equipment that is not marked is not used, 296-800-28022 Identify disconnecting means, 296-800-28025 Maintain electrical fittings, boxes, cabinets and outlets in good condition, 296-800-28027 Working space around electrical equipment, 296-800-28030 Maintain all flexible cords and cables in good condition and use safely, 296-800-28035 Guard electrical equipment to prevent your employees from electrical hazards, 296-800-28040 Make sure electrical equipment is effectively grounded, 296-800-28045 Make sure electrical equipment has overcurrent protection, 296-800-300 Summary—Portable fire extinguishers, 296-800-30005 Provide portable fire extinguishers in your workplace, 296-800-30010 Select and distribute portable fire extinguishers in your workplace, 296-800-30015 Make sure that portable fire extinguishers are kept fully charged, in operable condition, and left in their designated places, 296-800-30020 Inspect and test all portable fire extinguishers, 296-800-30025 Train your employees to use portable fire extinguishers, 296-800-310 Summary, 296-800-31005 Provide an adequate number of exit routes, 296-800-31010 Make sure that exit routes are large enough, 296-800-31015 Make sure that exit routes meet their specific design and construction requirements, 296-800-31020 Make sure that each exit route leads outside, 296-800-31025 Provide unobstructed access to exit routes, 296-800-31030 Exit doors must be readily opened from the inside, 296-800-31035 Use side-hinged doors to connect rooms to exit routes, 296-800-31040 Provide outdoor exit routes that meet these requirements, 296-800-31045 Minimize danger to employees while they are using emergency exit routes, 296-800-31050 Mark exits adequately, 296-800-31053 Provide adequate lighting for exit routes and signs, 296-800-31055 Maintain the fire retardant properties of paints or other coatings, 296-800-31060 Maintain emergency safeguards, 296-800-31065 Maintain exit routes during construction and repair, 296-800-31067 Provide doors in freezer or refrigerated rooms that open from the inside, 296-800-31070 Install and maintain an appropriate employee alarm system, 296-800-31075 Establish procedures for sounding emergency alarms, 296-800-31080 Test the employee alarm system, 296-800-320 Summary, 296-800-32010 Make sure equipment involved in a work-related accident is not moved, 296-800-32015 Assign people to assist the department of labor and industries, 296-800-32020 Conduct a preliminary investigation for all serious injuries, 296-800-32025 Document the preliminary investigation findings, 296-800-330 Releasing accident investigation reports, 296-800-340 Protecting the identity of the source of confidential information, 296-800-360 Rule, 296-800-36005 Comply with standards national organizations or of federal agencies when referenced in WISHA rules, 296-800-370 Definitions, 296-802-200 Keep employee medical and exposure records, 296-802-20005 Keep employee medical records, 296-802-20010 Keep employee exposure records, 296-802-20015 Keep analyses of medical or exposure records, 296-802-300 Inform employees about records, 296-802-30005 Inform current employees about their medical and exposure records, 296-802-400 Provide employees access to records and analyses, 296-802-40005 Provide access to employee medical records, exposure records, and analyses, 296-802-40010 Provide employee medical records, 296-802-40015 Provide employee exposure records, 296-802-500 Respond to medical record access orders, 296-802-50005 Respond to WISHA access orders for employee medical records, 296-802-50010 Content of WISHA written access orders, 296-802-600 Transfer and disposal of employee records, 296-802-60005 Transfer or dispose of employee medical and exposure records when you go out of business, 296-833-200 Shelter location and structure requirements, 296-833-20005 Provide and maintain sufficient grounds and open areas in temporary housing sites, 296-833-20010 Follow these design and equipment requirements for shelters, 296-833-300 Employers must provide utilities, 296-833-30005 Provide electricity and lighting to temporary housing areas, 296-833-30010 Provide adequate water, 296-833-30015 Provide toilet facilities, 296-833-30020 Follow local regulations for sewage disposal, 296-833-400 Service facilities: Food preparation, dining, bathing, laundry and handwashing, 296-833-40005 Provide service buildings for laundry, handwashing and bathing, 296-833-40010 Provide cooking, food-handling, and dining facilities, 296-833-500 Waste disposal and pest control, 296-833-50005 Follow proper waste disposal procedures, 296-833-50010 Control insects, rodents, and other pests, 296-833-600 Employee first aid and communicable disease reporting, 296-833-60005 Provide first-aid facilities, 296-833-60010 Report communicable diseases, 296-843-100 Scope, 296-843-110 Evaluations and inspections, 296-843-11005 Complete a preliminary site evaluation before allowing employees to enter the site, 296-843-11010 Conduct ongoing evaluations of safety and health hazards, 296-843-120 Health and safety plan (HASP), 296-843-12005 Develop and maintain a written site-specific health and safety plan (HASP), 296-843-130 Sampling and monitoring, 296-843-13005 Conduct monitoring for health and safety hazards during initial site entry, 296-843-13010 Evaluate employee exposure to hazardous substances during clean-up operations, 296-843-140 Site control, 296-843-14005 Establish site control, 296-843-150 Worker and equipment decontamination, 296-843-15005 Establish and implement decontamination procedures before any worker or equipment enters a contaminated area, 296-843-15010 Provide showers and changing rooms, 296-843-15015 Provide washing facilities, 296-843-160 Emergency response for hazardous waste sites, 296-843-16005 Establish an emergency response plan for anticipated emergencies before beginning hazardous waste operations, 296-843-170 Employee exposure controls, 296-843-17005 Control employee exposure to site health and safety hazards, 296-843-180 Drum and container handling, 296-843-18005 Handle drums and containers safely, 296-843-18010 Handle drums and containers suspected of containing shock-sensitive (explosive) wastes safely, 296-843-18015 Maintain worker safety in drum and container opening areas, 296-843-18020 Ship and transport drums and containers safely, 296-843-190 Personal protective equipment (PPE), 296-843-19005 Provide and use appropriate PPE, 296-843-200 Training, briefings, and information, 296-843-20005 Inform workers, contractors and subcontractors about the hazardous waste site, 296-843-20010 Train workers, supervisors and managers before work begins on the site, 296-843-20015 Provide additional training to your managers and supervisors, 296-843-20020 Training for postemergency response, 296-843-20025 Make sure your employees receive written documentation of training, 296-843-20030 Provide refresher training to employees, 296-843-20035 Use qualified trainers, 296-843-210 Medical surveillance, 296-843-21005 Provide medical surveillance for your employees, 296-843-220 Recordkeeping and information access, 296-843-22005 Make your records accessible, 296-843-22010 Keep medical surveillance records for your employees, 296-848-100 Scope, 296-848-200 Basic rules, 296-848-20010 Preventive practices, 296-848-20025 Washing facilities, 296-848-20060 Exposure evaluations, 296-848-20070 Notification, 296-848-20090 Exposure records, 296-848-300 Training, exposure monitoring, and medical monitoring, 296-848-30005 Training, 296-848-30007 Communication of hazards, 296-848-30010 Periodic exposure evaluations, 296-848-30030 Medical evaluations, 296-848-30080 Medical records, 296-848-400 Exposure control areas, 296-848-40005 Exposure control plan, 296-848-40020 Exposure controls, 296-848-40025 Exposure control areas, 296-848-40030 Clean-up facilities and lunchrooms, 296-848-40040 Personal protective equipment (PPE), 296-848-40045 Respirators, 296-848-60010 Health information about inorganic arsenic, 296-848-60020 Medical guidelines, 296-849-100 Scope, 296-849-110 Basic rules, 296-849-11010 Communication of hazards, 296-849-11020 Exposure control areas, 296-849-11030 Exposure evaluations, 296-849-11040 Personal protective equipment (PPE), 296-849-11050 Training, 296-849-11065 Exposure monitoring observation, 296-849-11070 Notification, 296-849-11090 Exposure records, 296-849-120 Exposure and medical monitoring, 296-849-12010 Periodic exposure evaluations, 296-849-12030 Medical evaluations, 296-849-12050 Medical removal, 296-849-12080 Medical records, 296-849-130 Rules for exposure control areas, 296-849-13005 Exposure control plan, 296-849-13020 Exposure controls, 296-849-13045 Respirators, 296-849-60010 Health information about benzene, 296-849-60020 Medical guidelines for benzene, 296-855-100 Scope, 296-855-200 Basic rules, 296-855-20010 Preventive practices, 296-855-20020 Exposure control areas, 296-855-20040 Personal protective equipment (PPE), 296-855-20050 Exposure evaluations, 296-855-20060 Notification, 296-855-20070 Exposure records, 296-855-20080 Documentation records, 296-855-20090 Training, 296-855-300 Exposure and medical monitoring, 296-855-30010 Periodic exposure monitoring, 296-855-30030 Medical evaluations, 296-855-30080 Medical records, 296-855-400 Exposure control, 296-855-40010 Exposure control plan, 296-855-40030 Exposure controls, 296-855-40040 Respirators, 296-855-420 Communication of hazards, 296-856-100 Scope, 296-856-200 Basic rules, 296-856-20010 Preventive practices, 296-856-20020 Training, 296-856-20030 Personal protective equipment (PPE), 296-856-20040 Employee protective measures, 296-856-20050 Exposure evaluations, 296-856-20060 Notification, 296-856-20070 Exposure records, 296-856-300 Exposure and medical monitoring, 296-856-30010 Periodic exposure evaluations, 296-856-30020 Medical and emergency evaluations, 296-856-30030 Medical removal, 296-856-30040 Multiple LHCP review, 296-856-30050 Medical records, 296-856-400 Exposure control areas, 296-856-40010 Exposure controls, 296-856-40020 Establishing exposure control areas, 296-856-40030 Respirators, 296-856-420 Communication of hazards, and 296-856-42010 Hazard communication—General.

Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.

Adopted under notice filed as WSR 18-17-148 on August 21, 2018.

Changes Other than Editing from Proposed to Adopted Version: Corrected typo in note under WAC 296-800-21005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 7, Amended 353, Repealed 7.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, 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 6, 2018.

Joel Sacks

Director

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-01003Scope and application.

(1) The rules of this chapter ((shall)) apply with respect to any and all activities, operations and equipment of employers and employees involved in providing fire protection services which are subject to the provisions of the Washington Industrial Safety and Health Act of 1973 (chapter 49.17 RCW).

(2) The provisions of this chapter apply to all firefighters and their work places, including the fire combat scene. Although enforcement of applicable standards will result from provable violations of these standards at the fire combat scene, agents of the department will not act in any manner that will reduce or interfere with the effectiveness of the emergency response of a firefighting unit. Activities directly related to the combating of a fire will not be subjected to the immediate restraint provisions of RCW 49.17.130.

(3) In the development of this document many consensus standards of the industry were considered and evaluated as to adaptability to the Washington state fire service industry. Where adaptable and meaningful, the firefighter safety elements of these standards were incorporated into this WAC. Chapter 296-305 WAC, ((shall))must be considered as the firefighter safety standards for the state of Washington.

(4) The provisions of this chapter cover existing requirements that apply to all fire departments. All fire departments ((shall))must have in place their own policy statement and operating instructions that meet or exceed these requirements. This chapter contains state and/or federal performance criteria that fire departments ((shall))must meet.

(5) Unless specifically stated otherwise by rule, if a duplication of regulations, or a conflict exists between the rules regulating wildland firefighting and other rules in the chapter, only the rules regulating wildland firefighting ((shall))will apply to wildland firefighting activities and equipment.

(6) The provisions of this chapter ((shall))must be supplemented by the provisions of the general safety and health standards of the department of labor and industries. In the event of conflict between any provision(s) of this chapter and any provision(s) of the general safety and health standards, the provision(s) of this chapter ((shall))must apply.

(7) Industrial fire brigades are covered under the provisions of chapter 296-811 WAC, Fire brigades.

AMENDATORY SECTION(Amending WSR 17-02-066, filed 1/3/17, effective 2/3/17)

WAC 296-305-01005Definitions.

Unless the context indicates otherwise, words used in this chapter ((shall))will have the meaning given in this section.

Accident((:)). An unexpected event that interrupts or interferes with the orderly progress of the fire department operations and may or may not include personal injury or property damage.

Accountability (tracking) system((:)). A system of firefighter accountability that provides for the tracking and inventory of all members.

ACGIH((:)). American Conference of Governmental Industrial Hygienists.

ACM((:)). Asbestos-containing material; any material containing more than 1 percent asbestos.

Aerial devices((:)). Fire apparatus-mounted aerial ladders, elevated platforms, and water towers.

ANSI((:)). American National Standards Institute.

Apparatus((:)). A mobile piece of fire equipment such as a pumper, aerial, tender, automobile, etc.

Approved((: (1))).

(a) A method, equipment, procedure, practice, tool, etc., which is sanctioned, consented to, confirmed or accepted as good or satisfactory for a particular purpose or use by a person, or organization authorized to make such a judgment.

(((2) Means))(b) Approved by the director of the department of labor and industries or his/her authorized representative: Provided, however, That should a provision of this chapter state that approval by an agency or organization other than the department of labor and industries is required, such as Underwriters' Laboratories or the Bureau of Mines, the provisions of chapter 296-800 WAC ((shall))must apply.

Asbestos((:)). Includes chrysotile, amosite, crocidolite, tremolite, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated or altered.

Belt((:)). See ladder belt and escape belt.

Bloodborne pathogens((:)). Pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV) and human immunodeficiency virus (HIV).

Blowup (wildfire)((:)). Sudden increase in fire intensity or rate of spread sufficient to preclude direct control or to upset existing control plans. Often accompanied by violent convection and may have other characteristics of a fire storm.

CBRN((:)). Chemical, biological, radiological, and nuclear.

Chief((:)). The employer representative highest in rank who is responsible for the fire department's operation.

Cold zone((:)). The control zone of an incident that contains the command post and such other support functions as are deemed necessary to control the incident.

Combat scene((:)). The site where the suppression of a fire or emergency exists.

Confined space((:)). A space that is all of the following:

(((1) Is))(a) Large enough and arranged so an employee can bodily enter and perform assigned work; and

(((2) Has))(b) Limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry.); and

(((3) Is))(c) Not designed for continuous employee occupancy.

Containment((:)). The actions taken to keep a material in its container (e.g., stop the release of the material or reduce the amount being released.)

Contaminated((:)). The presence or the reasonably anticipated presence of nuisance materials foreign to the normal atmospheres, blood, hazardous waste, or other potentially infectious materials on an item or surface.

Contaminated laundry((:)). Laundry which has been soiled with blood or other potentially infectious materials or may contain contaminated sharps.

Contamination((:)). The process of transferring a hazardous material from its source to people, animals, the environment, or equipment, which may act as a carrier.

dBA((:)). A measure of noise level expressed as decibels measured on the "A" scale.

Decontamination((: (1))).

(a) The physical or chemical process of reducing and preventing the spread of contamination from persons or equipment used at a hazardous materials incident.

(((2)))(b) The use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal.

Direct attack((:)). Any treatment applied directly to burning fuel such as wetting, smothering, or chemically quenching the fire or by physically separating the burning from unburned fuel.

Director((:)). The director of the department of labor and industries, or his/her designated representative.

Disinfection((:)). A procedure which inactivates virtually all recognized pathogenic microorganisms, but not necessarily all microbial forms (example: Bacterial endospores) on inanimate objects.

Disturb/disturbance((:)). Refers to activities that disrupt the matrix of, crumble or pulverize, or generate visible debris from ACM or PACM.

Dive rescue (public safety diving)((:)). The act of searching for or rescuing a viable or presumably viable person(s), while working in water using underwater apparatus which supplies compressed breathing gas at the ambient pressure.

Double-layer woven clothing((:)). Clothing worn in two layers allowing air to reach the skin. For example, coveralls worn on top of regular work clothes.

Drill tower((:)). A structure which may or may not be attached to the station and which is principally used for training firefighters in fire service techniques.

Drinking water((:)). Potable water that is suitable to drink. Drinking water packaged as a consumer product and electrolyte-replenishing beverages (i.e., sports drinks) that do not contain caffeine are acceptable.

Driver/operator((:)). A person having satisfactorily completed the fire department's "requirements of driver/operator" of a specific piece of fire apparatus.

Emergency((:)). A sudden and unexpected event calling for immediate action.

Emergency incident((:)). A specific emergency operation.

Emergency medical care((:)). The provision of treatment to, and/or transportation of, patients which may include first aid, cardiopulmonary resuscitation, basic life support, advanced life support, and other medical procedures that occur prior to arrival at a hospital or other health care facility.

Emergency operations((:)). Activities of the fire department relating to rescue, fire suppression, emergency medical care, and special operations, including response to the scene of an incident and all functions performed at the scene.

Employee((:)). An employee of an employer who is employed in the business of his/her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is their personal labor for an employer under this chapter whether by way of manual labor or otherwise. Also see "Member."

Employer((:)). Any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations.

Employer representative((:)). A fire department officer authorized by the chief or director of the fire department to act in his/her behalf.

Engine (pumper)((:)). A piece of apparatus equipped with hose and a pump for the purpose of supplying water under pressure through hose lines.

Escape belt((:)). A device that fastens around the waist only and is intended to be used by the wearer only as an emergency self-rescue device.

Escape rope((:)). A single-purpose emergency self-escape (self-rescue) rope, not classified as a life safety rope.

Exclusion zone((:)). The control zone designated to exclude all unauthorized personnel, responders, and equipment.

Note:

Examples of exclusion zones could be holes in floors, explosive devices, or collapse hazards.

Extended attack((:)). Suppression activity for a wildfire that has not been contained or controlled by initial attack or contingency forces and for which more firefighting resources are arriving, en route, or being ordered by the initial attack incident commander.

Extended attack incident((:)). A wildland fire that has not been contained or controlled by initial attack forces and for which more firefighting resources are arriving, en route, or being ordered by the initial attack incident commander. Extended attack implies that the complexity level of the incident will increase beyond the capabilities of initial attack incident command.

Fire apparatus((:)). A fire department emergency vehicle used for rescue, fire suppression, or other specialized functions.

Fire boat((:)). A fire department watercraft having a permanent, affixed firefighting capability.

Fire department((:)). An organization or consortium of organizations providing any or all of the following: Rescue, fire suppression, and other related activities. For the purposes of this standard the term "Fire Department" ((shall)) includes any public, private, or military organization engaging in this type of activity.

Fire department facility((:)). Any building or area owned, operated, occupied, or used by a fire department on a routine basis. This does not include locations where a fire department may be summoned to perform emergency operations or other duties, unless such premises are normally under the control of the fire department.

Firefighter((:)). A member of a fire department whose duties require the performance of essential firefighting functions or substantially similar functions.

Fire retardant((:)). Any material used to reduce, stop or prevent the flame spread.

Fire suppression training((:)). Training received by firefighters on the drill ground, drill tower, or industrial site to maintain the firefighter's proficiency.

Fly((:)). Extendible sections of ground or aerial ladders.

Full body harness((:)). See life safety harness.

Gross decontamination((:)). The initial phase of the decontamination process during which the amount of surface contaminant is significantly reduced.

Ground jack((:)). Heavy jacks attached to frame of chassis of aerial-equipped apparatus to provide stability when the aerial portion of the apparatus is used.

Guideline((:)). An organizational directive that establishes a standard course of action.

Halyard((:)). Rope used on extension ladders for the purpose of raising or lowering fly section(s). A wire cable may be referred to as a halyard when used on the uppermost fly section(s) of three or four section extension ladders.

Harness((:)). See life safety harness.

Hazard communication program((:)). A procedure to address comprehensively the issue of evaluating the potential hazards of chemicals and communicating information concerning hazards and appropriate protective measures to employees. See ((WAC 296-901-140 Hazard communication))chapter 296-901 WAC.

Hazard control zones((:)).

Cold zone: The control zone of an incident that contains the command post and such other support functions as are deemed necessary to control the incident.

Note:

The cold zone established the public exclusion or clean zone. There are minimal risks of human injury or exposure in this zone.

Exclusion zone: The control zone designated to exclude all unauthorized personnel, responders, and equipment.

Note:

Examples of exclusion zones could be holes in floors, explosive devices, or collapse hazards.

Hot zone: The control zone immediately surrounding the hazard area, which extends far enough to prevent adverse effects to personnel outside the zone. The hot zone is presenting the greatest risk to members and will often be classified as an IDLH atmosphere.

Warm zone: The control zone outside the hot zone where personnel and equipment decontamination and the hot zone support takes place.

Note:

The warm zone is a limited access area for members directly aiding or in support of operations in the hot zone. Significant risk of human injury (respiratory, exposures, etc.) can still exist in the warm zone.

Hazards((:)). The characteristics of facilities, equipment, systems, property, hardware or other objects and those areas of structures or buildings posing a hazard greater than normal to the general occupancy or structures.

Hazardous area((:)). The immediate area where members might be exposed to a hazard.

Hazardous atmosphere((:)). An atmosphere that may expose employees to the risk of death, incapacitation, impairment of ability to self-rescue (escape unaided from a permit-required confined space), injury or acute illness caused by one or more of the following:

((•))(a) Flammable gas, vapor, or mist in excess of 10% of its lower flammable limit (LFL);

((•))(b) Airborne combustible dust at a concentration that meets or exceeds its LFL;

((•))(c) Atmospheric oxygen concentration below 19.5% or above 23.5%;

((•))(d) Atmospheric concentration of any substance which may exceed a permissible exposure limit. For additional information about atmospheric concentration, see chapter 296-62 WAC, Parts F, G, and I, General occupational health standards and chapter 296-841 WAC, Airborne contaminants.

Hazardous condition((:)). The physical condition or act which is causally related to accident occurrence. The hazardous condition is related directly to both the accident type and the agency of the accident.

Hazardous material((:)). A substance (solid, liquid, or gas) that when released is capable of creating harm to people, the environment, and property.

Hazardous substances((:)). Substances that present an unusual risk to persons due to properties of toxicity, chemical activity, corrosivity, etiological hazards of similar properties.

Health and safety officer((:)). The member of the fire department assigned and authorized as the administrator of the fire department health and safety program.

Heat-related illness((:)). A medical condition resulting from the body's inability to cope with a particular heat load, and includes, but is not limited to, heat cramps, heat rash, heat exhaustion, fainting, and heat stroke.

Hose bed((:)). Portion of fire apparatus where hose is stored.

Hose tower((:)). A vertical enclosure where hose is hung to dry.

Hot zone((:)). The control zone immediately surrounding the hazard area, which extends far enough to prevent adverse effects to personnel outside the zone. The hot zone is the area presenting the greatest risk to members and will often be classified as an IDLH atmosphere.

Ice rescue((:)). The rescue of a person(s) who is afloat within an opening in the frozen surface or on the frozen surface of a body of water.

Identify((:)). To select or indicate verbally or in writing using recognized standard terms. To establish the identity of; the fact of being the same as the one described.

IDLH((:)). Immediately dangerous to life and health.

Imminent hazard (danger)((:)). An act or condition that is judged to present a danger to persons or property and is so immediate and severe that it requires immediate corrective or preventative action.

Incident command system (ICS)((:)). A system that includes: Roles, responsibilities, operating requirements, guidelines and procedures for organizing and operating an on-scene management structure.

Incident commander((:)). The person in overall command of an emergency incident. This person is responsible for the direction and coordination of the response effort.

Incident safety officer((:)). The person assigned the command staff function of safety officer in the incident command system.

Incipient (phase) fire((:)). The beginning of a fire; where the oxygen content in the air has not been significantly reduced and the fire is producing minute amounts of water vapor, carbon dioxide, carbon monoxide and other gases; the room has a normal temperature and can be controlled or extinguished with a portable fire extinguisher or small hose, e.g., a kitchen stove fire.

Indirect attack((:)). A method of suppression in which the control line is located some considerable distance away from the fire's active edge. Generally done in the case of a fast-spreading or high-intensity fire and to utilize natural or constructed firebreaks or fuelbreaks and favorable breaks in the topography. The intervening fuel is usually backfired; but occasionally the main fire is allowed to burn to the line, depending on conditions.

Industrial fire brigade((:)). An organized group of employees whose primary employment is other than firefighting who are knowledgeable, trained and skilled in specialized operations based on site-specific hazards present at a single commercial facility or facilities under the same management.

Initial action((:)). The actions taken by the first resources to arrive at a wildfire or wildland fire use incident. Initial actions may be size up, patrolling, monitoring, holding action or aggressive initial attack.

Initial attack((:)). A planned response to a wildfire given the wildfire's potential fire behavior. The objective of initial attack is to stop the fire and put it out in a manner consistent with firefighter and public safety and values to be protected.

Initial fire suppression training((:)). The training of firefighters in recognizing sources and locations of potential fires and the method of fire suppression to be used.

Initial stages((:)). Tasks undertaken by the first arriving company with only one crew assigned or operating in the hot zone.

Injury((:)). Physical damage suffered by a person that requires treatment by a practitioner of medicine (a physician, nurse, paramedic or EMT) within one year of the incident regardless of whether treatment was actually received.

Interior structural firefighting((:)). The physical activity of fire suppression, rescue or both, inside of buildings or enclosed structures which are involved in a fire situation beyond the incipient stage. See structural firefighting.

Known rescue((:)). A situation of compelling evidence where a member sees, hears, or is directly told of a trapped and viable victim by an occupant who has escaped or is a credible witness.

Ladder belt((:)). A device that fastens around the waist only and is used as a positioning device for a person on a ladder.

Life safety or rescue rope((:)). Rope dedicated solely for the purpose of constructing lines for supporting people during rescue, firefighting, or other emergency operations, or during training evolutions.

Life safety harness((:)). A configuration of connected straps to distribute a fall arresting force over at least the thighs, shoulders and pelvis, with provisions for attaching a lanyard, lifeline, or deceleration devices.

Live fire((:)). Any unconfined open flame or device that can propagate fire to the building, structure, or other combustible materials.

Live fire training((:)). Any fire set within a structure, tank, pipe, pan, etc., under controlled conditions to facilitate the training of firefighters under actual fire conditions.

Locking in((:)). The act of securing oneself to a ladder by hooking a leg over a rung and placing top of foot against the other leg or against the ladder.

May((:)). A permissive use or an alternative method to a specified requirement.

Mayday((:)). The nationally adopted "call for help" term used to indicate that an emergency responder is in a situation of imminent peril where they are in need of immediate help.

Member((:)). A person involved in performing the duties and responsibilities of a fire department under the auspices of the organization. A fire department member may be a full-time or part-time employee or a paid or unpaid volunteer, may occupy any position or rank within the fire department, and engages in emergency operations. Also see Employee.

Mobile attack((:)). The act of fighting wildland fires from a moving engine.

Must. Mandatory.

NFPA((:)). National Fire Protection Association.

NIMS((:)). The National Incident Management System.

NIOSH((:)). National Institute of Occupational Safety and Health.

Nonskid((:)). The surface treatment that lessens the tendency of a foreign substance to reduce the coefficient of friction between opposing surfaces.

Occupational exposure((:)). Means reasonably anticipated skin, eye, mucous membrane or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee's duties.

Officer((:)).

(((1)))(a) Person in charge of a particular task or assignment.

(((2)))(b) A supervisor.

OSHA((:)). Occupational Safety and Health Administration.

Other potentially infectious materials (OPIM)((: (1))).

(a) The following body fluids: Semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids;

(((2)))(b) Any unfixed tissue or organ (other than intact skin) from a human (living or dead); and

(((3)))(c) HIV-containing cell or tissue cultures, organ cultures, and HIV- or HBV-containing culture medium or other solutions; and blood, organs, or other tissues from experimental animals infected with HIV or HBV.

Outrigger((:)). Manually or hydraulically operated metal enclosures and jacks which are extended and placed in contact with the ground to give the apparatus a wide, solid base to support different loads.

Overhaul((:)). A firefighting term involving the process of final extinguishment after the main body of a fire has been knocked down. All traces of fire must be extinguished at this time.

PACM((:)). Presumed asbestos-containing material. Thermal system insulation and surfacing material found in buildings, vessels and vessel sections constructed no later than 1980.

PASS((:)). Personal alert safety system.

PEL((:)). Permissible exposure limit.

Personal protective equipment (PPE)((: (1))).

(a) The equipment provided to shield or isolate a person from the chemical, physical, and thermal hazards that may be encountered at a hazardous materials incident. Personal protective equipment includes both personal protective clothing and respiratory protection. Adequate personal protective equipment should protect the respiratory system, skin, eyes, face, hands, feet, head, body, and hearing.

(((2)))(b) Specialized clothing or equipment worn by an employee for protection against a hazard. General work clothes (e.g., uniforms, pants, shirts, or blouses) not intended to function as protection against a hazard are not considered to be personal protective equipment.

Platform((:)). The portion of a telescoping or articulating boom used as a working surface.

Positive communication((:)). Visual, audible, physical, safety guide rope, or electronic means which allows for two way message generation and reception.

PPE((:)). Personal protective equipment.

Probable fatality((: (1))).

(a) An occupational injury or illness, which, by the doctor's prognosis, could lead to death.

(((2)))(b) An occupational injury or illness, which by its very nature, is considered life threatening.

Protective clothing((:)). Equipment designed to protect the wearer from heat and/or hazardous materials contacting the skin or eyes. Protective clothing is divided into five types:

(((1)))(a) Structural firefighting protective clothing;

(((2)))(b) Liquid splash-protective clothing;

(((3)))(c) Vapor-protective clothing;

(((4)))(d) High temperature-protective proximity clothing; and

(((5)))(e) Wildland firefighting clothing.

Note:

See Protective ensemble.

Protective ensemble((:)). Multiple elements of clothing and equipment designed to provide a degree of protection for firefighters from adverse exposures to the inherent risks of structural firefighting operations and certain other emergency operations. The elements of the protective ensemble are helmets, coats, trousers, gloves, footwear, interface components (hoods), and if applicable, personal alert system (PASS) devices, and self-contained breathing apparatus.

Proximity protective clothing((:)). Radiant reflective protective garments configured as a coat and trousers, or as a coverall, and interface components that are designed to provide protection for the firefighter's body from conductive, convective, and radiant heat.

Pumper((:)). See engine.

Qualified((:)). One who by possession of a recognized degree, certificate or professional standing, or who by knowledge, training or experience has successfully demonstrated his/her ability to solve or resolve problems related to the subject matter, the work or the project.

Rapid intervention crew (RIC)((:)). On-scene team of at least two members designated, dedicated and equipped to effect an immediate rescue of firefighters if the need arises (also known as RIT).

RCW((:)). Revised Code of Washington.

Rehabilitation((:)). The process of providing mental and medical evaluation, rest, hydration, and nourishment to members who are engaged in emergency operations.

Rescue((:)). Those activities directed at locating endangered persons at an emergency incident and removing those persons from danger.

Rescue craft((:)). Any fire department watercraft used for rescue operations.

Respirator((:)). A device designed to protect the wearer from breathing harmful atmospheres. See respiratory protection.

Respiratory equipment((:)). Self-contained breathing apparatus designed to provide the wearer with a supply of respirable atmosphere carried in or generated by the breathing apparatus. When in use, this breathing apparatus requires no intake of air or oxygen from the outside atmosphere.

(((1)))(a) Respirators (closed circuit): Those types of respirators which retain exhaled air in the system and recondition such air for breathing again.

(((2)))(b) Respirators (open circuit): Those types of respirators which exhaust exhaled air to the outside of the mask into the ambient air.

(((3)))(c) Respirators (demand): Those types of respirators whose input air to the mask is started when a negative pressure is generated by inhalation.

(((4)))(d) Respirators (pressure demand): Those types of respirators which constantly and automatically maintain a positive pressure in the mask by the introduction of air when the positive pressure is lowered (usually from .018 psi to .064 psi) through the process of inhalation or leakage from the mask.

Respiratory protection((:)). Equipment designed to protect the wearer from the inhalation of contaminants. Respiratory protection is divided into three types:

(((1)))(a) Positive pressure self-contained breathing apparatus (SCBA);

(((2)))(b) Positive pressure airline respirators;

(((3)))(c) Negative pressure air purifying respirators.

Responding((:)). The usual reference to the act of responding or traveling to an alarm or request for assistance.

Risk assessment((:)). To set or determine the possibility of suffering harm or loss, and to what extent.

Rope rescue equipment((:)). Components used to build rope rescue systems including life safety rope, life safety harnesses and auxiliary equipment.

Rope rescue system((:)). A system composed of rope rescue equipment and an appropriate anchor system intended to support people during rescue, firefighting, or other emergency operations, or during training evolutions.

Safe and healthful working environment((:)). The work surroundings of an employee with minimum exposure to unsafe acts and/or unsafe conditions.

Safety net((:)). A rope or nylon strap net not to exceed 6-inch mesh, stretched and suspended above ground level at the base of drill tower, and at such a height that a falling body would be arrested prior to striking the ground.

Scabbard((:)). A guard which will prevent accidental injury and covers the blade and pick of an axe or other sharp instrument when worn by the firefighter.

SCBA((:)). Self contained breathing apparatus.

Service testing((:)). The regular, periodic inspection and testing of apparatus and equipment according to an established schedule and procedure, to insure that it is in safe and functional operating condition.

((Shall: Mandatory.))

Should((:)). Recommended.

Standard operating procedure or guidelines((:)). An organizational directive that establishes a standard course of action.

Standby firefighters((:)). On-scene members designated to effect an immediate rescue of the initial team operating in the hot zone.

Station (fire station)((:)). Structure in which fire service apparatus and/or personnel are housed.

Structural firefighting((:)). The activities of rescuing, fire suppression, and property conservation involving buildings, enclosed structures, aircraft, vehicles, vessels, or similar properties that are involved in a fire or emergency situation. See interior structural firefighting.

Structural firefighting protective clothing((:)). This category of clothing, often called turnout or bunker gear, means the protective clothing normally worn by firefighters during structural firefighting operations. It includes a helmet, coat, pants, boots, gloves, and a hood. Structural firefighters' protective clothing provides limited protection from heat but may not provide adequate protection from the harmful gases, vapors, liquids, or dusts that are encountered during hazardous materials incidents.

Surf rescue((:)). The rescue of a person(s) who is afloat on the surface or the subsurface retrieval of a person(s) submerged in ocean water or bodies of water that are connected to oceans that either experience a twice daily rise and fall of their surface caused by gravitational pull of the moon or experience a corresponding ebb and flow of water in response to tides with a surf height of 1 foot or greater.

Surface water rescue((:)). The rescue of a person(s) who is afloat on the surface of a body of water. A trained rescuer (surface based swimmer) may dive for submerged victims, limited to the rescuer's ability, with no sustained underwater capability other than a mask, fins, and snorkel in relatively shallow depths and retrieve or mark a victim.

Swift water rescue((:)). The removal of person(s) from threat or harm from water that is moving faster than walking pace (1 Knot, 1.85 km/hr, 1.15 mph).

Tail/running board((:)). Standing space on the side or rear of an engine or pumper apparatus.

Team((:)). Two or more individuals who are working together in positive communication with each other through visual, audible, physical, safety guide rope, electronic, or other means to coordinate their activities and who are in close proximity to each other to provide assistance in case of emergency.

Tillerman((:)). Rear driver of tractor-trailer aerial ladder.

Trench((:)). A narrow excavation made below the surface of the ground. The depth is generally greater than the width, but the width of a trench is not greater than 15 feet.

Turnout clothing((:)). See structural firefighting protective clothing.

Turntable((:)). The rotating surface located at the base of an aerial ladder, or boom, on aerial apparatus.

Uncontrolled fire((:)). Any fire which threatens to destroy life, property, or natural resources; and (a) is not burning within the confines of firebreaks; or (b) is burning with such intensity that it could not be readily extinguished with ordinary tools commonly available.

Urban wildfire((:)). An uncontained fire requiring suppression action, usually spreading through ground cover, vegetative fuels, brush, grass, and landscaping; often threatening residential and commercial structures within an urban environment with access to established roadways and water systems.

Vapor barrier((:)). Material used to prevent or substantially inhibit the transfer of water, corrosive liquids and steam or other hot vapors from the outside of a garment to the wearer's body.

Vapor barrier clothing((:)). Clothing that significantly inhibits or completely prevents sweat produced by the body from evaporating into the outside air. Such clothing includes encapsulating suits, various forms of chemical resistant suits used for PPE, and other forms of nonbreathing clothing.

Variance((:)). An allowed or authorized deviation from specific standard(s) when an employer substitutes measures which afford an equal degree of safety. Variances are issued as temporary or permanent with interim measures issued, when requested, until a determination or decision is made.

Vessel((:)). Means every description of watercraft or other artificial contrivance used or capable of being used as a means of transportation on water, including special-purpose floating structures not primarily designed for or used as a means of transportation on water.

WAC((:)). Washington Administrative Code.

Warm zone((:)). The control zone outside the hot zone where personnel and equipment decontamination and hot zone support take place.

Note:

Water rescue((:)). Any incident that involves the removal of victim(s) from any body of water other than a swimming pool. This includes rivers, creeks, lakes, washes, storm drains, or any body of water, whether still or moving.

Wheel blocks (chocks)((:)). A block or wedge placed under a wheel to prevent motion.

Wildland((:)). An area in which development is essentially nonexistent, except for roads, railroads, powerlines, and similar transportation facilities. Structures, if any, are widely scattered.

Wildland fire((:)). Any nonstructure fire that occurs in the wildland.

Wildland firefighting((:)). The activities of fire suppression and property conservation in woodlands, forests, grasslands, brush, and other such vegetation or any combination of vegetation, that is involved in a fire situation but is not within buildings or structures.

Wildland firefighting enclosure((:)). A fire apparatus enclosure with a minimum of three sides and a bottom.

Wildland urban interface((:)). The line, area, or zone where structures and other human development meet or intermingle with undeveloped wildland or vegetative fuels.

WISHA((:)). Washington Industrial Safety Health Act.

Work environment((:)). The surrounding conditions, influences or forces to which an employee is exposed while working.

Any premises, room or other place where an employee or employees are employed for the performance of labor or service over which the employer has the right of access or control. For the purposes of this code, fireground and emergency scenes are also considered places of employment.

Work/rest ratio((:)). An expression of the amount of rest that is required for each hour an individual is in work status. Current NWCG guidelines require one hour of rest for every two hours in work status.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-01007Variance and procedure.

(1) Conditions may exist in operations that a state standard will not have practical use. The director may issue a variance from the requirements of the standard when another means of providing equal protection is provided.

(2) Applications for variances will be reviewed and investigated by the department. Variances granted ((shall))will be limited to the specific WAC code covered in the application and may be revoked for cause. The variance ((shall))must remain prominently posted on the premises while in effect.

Note:

Variance forms may be obtained from the department upon request. Requests for variance from safety and health standards ((shall))must be made in writing to the assistant director, Consultation and Compliance Services Division, Department of Labor and Industries, P.O. Box 44600, Olympia, Washington 98504-4600.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-01501Injury and illness reports for firefighters.

(1) Notice of injury or illness.

(a) Employees must report work-related injuries or illnesses to their employer before the end of their duty period, but not later than twenty-four hours after the incident.

(b) Exception: In the event that symptoms of an occupational injury or illness are not apparent at the time of the incident, the employee ((shall))must report the symptoms to ((his/her))their employer within forty-eight hours after becoming aware of the injury or illness.

(c) Within eight hours after the fatality or probable fatality of any firefighter or employee from a work-related incident or the inpatient hospitalization of any employee as a result of a work-related incident, the employer of any employees so affected, ((shall))must orally report the fatality/hospitalization by telephone (1-800-423-7233) or in person, to the nearest office of the department.

(i) This requirement applies to each such fatality or hospitalization which occurs within thirty days of the incident.

(ii) Exception: If any employer does not learn of a reportable incident at the time it occurs and the incident would otherwise be reportable under this subsection, the employer ((shall))must make a report within eight hours of the time the incident is reported to any agent or employee of the employer.

(iii) Each report required by this subsection ((shall))must relate the following information: Establishment name, location of the incident, time of the incident, number of fatalities or hospitalized employees, contact person, phone number, and a brief description of the incident.

(2) Recordkeeping - Written reports; all fire service employers ((shall))must maintain records of occupational injuries and illnesses. Reportable cases include every occupational death, every occupational illness, or each injury that involves one of the following: Unconsciousness, inability to perform all phases of regular duty-related assignment, inability to work full time on duty, temporary assignment, or medical treatment beyond first aid.

(3) All fire departments ((shall))must record occupational ((injury))injuries and illnesses on OSHA Form 300, Log of Work-Related Injuries and Illnesses.

(4) Each employer ((shall))must post an annual summary of occupational injuries and illnesses for each establishment. This summary ((shall))must consist of a copy of the year's totals from OSHA Form 300A, Summary of Work-Related Injuries and Illnesses and the following information from that form: Calendar year covered, company name, establishment name, establishment address, certification signature, title, and date. An OSHA Form 300A ((shall))must be used in presenting the summary. If no injuries or illnesses occurred in the year, zeros must be entered on the totals line, and the form must be posted. The summary ((shall))must be completed by February 1 each calendar year. The summary covering the previous calendar year ((shall))must be posted no later than February 1st, and ((shall))must remain in place until April 30th.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-01503Accident/incident investigation.

(1) After the emergency actions following accidents that cause serious injuries with immediate symptoms or incidents resulting in exposure to occupational disease-causing chemicals or physical agents, a preliminary investigation of the cause ((shall))must be conducted. The investigation ((shall))must be conducted by a person designated as qualified by the employer. The fire department ((shall))must establish a written procedure and a program for investigating, and evaluating the facts, relating to the cause of accidents. The findings of the investigation ((shall))must be documented by the employer for reference at any following formal investigations.

(2) Equipment involved in an accident resulting in an immediate or probable fatality ((shall))must not be moved until a representative of the division of occupational safety and health investigates the accident and releases such equipment, except where removal is essential to prevent further accident. When necessary to remove the victim, such equipment may be moved only to the extent of making possible such removal.

(3) Upon arrival of the department's investigator, the employer ((shall))must assign personnel to assist the investigator ((such personnel)) as are deemed necessary by the department to conduct the investigation.

(4) The fire department ((shall))must preserve all records, photographic materials, audio, video, recordings, or other documentation concerning an accident.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-01505Accident prevention program.

(1) All fire departments ((shall))must develop and implement a written safety program.

(2) Fire department safety programs ((shall))must have an assigned health and safety officer.

(3) Each employer ((shall))must develop a formal accident-prevention program, tailored to the needs of the fire department and to the type of hazards involved. The department of labor and industries' consultation and compliance services division may be contacted for assistance in developing appropriate programs.

A safety orientation program describing the employer's safety program ((shall))must include:

(a) How and when to report injuries, including instruction as to the location of first-aid facilities.

(b) How to report unsafe conditions and practices.

(d) The proper actions to take in event of emergencies including the routes of exiting from areas during emergencies.

(e) Identification of the hazardous gases, chemicals or materials involved, along with the instructions on the safe use and emergency action following accidental exposure.

(f) A description of the employer's total safety program.

(g) An on-the-job review of the practices necessary to perform the initial job assignments in a safe manner.

(4) Fire departments ((shall))must have a safety committee to serve in an advisory capacity to the fire chief. The number of employer-selected members ((shall))must not exceed the number of employee-elected members.

(5) The frequency of safety meetings ((shall))must be determined by the safety committee, but ((shall))must not be less than one hour per calendar quarter, however, special meetings may be held at the request of either party.

(6) Minutes ((shall))must be taken of all safety meetings. After review by the chief or ((his/her))their designee the minutes ((shall))must be conspicuously posted at all stations.

(7) Employee submitted written suggestions or complaints ((shall))must be considered. Action recommendations by the committee ((shall))must be transmitted in writing to the fire chief. The chief or ((his/her))the designated agent will reply to the submitter.

(8) Inspections of fire stations ((shall))must be made at least monthly and records maintained to ensure that stations are reasonably free of recognized hazards. These inspections ((shall))must include, but not be limited to, tools, apparatus, extinguishers, protective equipment, and life safety equipment.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-01507Fire department health and safety officer.

(1) The duties and responsibilities of the fire department health and safety officer ((shall))must include, but are not limited to:

(a) Plan and coordinate safety activities.

(b) Work closely with the safety committee.

(d) Devise corrective measures to prevent accidents.

(2) Realizing safety training and recordkeeping are management's responsibility, the fire department health and safety officer ((shall))must ensure the following requirements are being met:

(a) Ensure safety training for all employees.

(b) Ensure safety directives are complied with.

(i) Accidents;

(ii) Injuries;

(iii) Inspections;

(iv) Exposures;

(v) Medical monitoring;

(vi) Safety meetings;

(vii) Apparatus;

(viii) Equipment;

(ix) Protective clothing;

(x) Other fire department safety activities.

(3) The fire department health and safety officer, through the fire chief, ((shall))must have the authority and responsibility to identify and recommend correction of safety and health hazards.

(4) The fire department health and safety officer ((shall))must maintain a liaison with staff officers regarding recommended changes in equipment, procedures, and recommended methods to eliminate unsafe practices and reduce existing hazardous conditions.

Additional Reference: NFPA 1521 Standard for Fire Department Safety Officer, may be used as a guide for duties and responsibilities relating to the safety officer.

AMENDATORY SECTION(Amending WSR 17-02-066, filed 1/3/17, effective 2/3/17)

WAC 296-305-01509Management's responsibility.

(1) It ((shall))must be the responsibility of management to establish, supervise, maintain, and enforce, in a manner which is effective in practice:

(a) A safe and healthful working environment, as it applies to both nonemergency and emergency conditions.

(b) An accident prevention program as required by this chapter.

(d) Procedures to be used by the fire department health and safety officer and incident commander to ensure that emergency medical care is provided for members on duty.

(e) An accident investigation program as required by this chapter.

(f) Policies that clarify "rules of engagement" or parameters when personnel should commit to work activities within a hot zone.

(g) Policies that clarify the right of every employee to notify the employer of potential life-threatening situations during emergency operations and processes that clarify how this notification is to occur.

(2) The fire department ((shall))must be responsible for providing suitable expertise to comply with all testing requirements in this chapter. Such expertise may be secured from within the fire department, from equipment and apparatus manufacturers, or other suitable sources.

(3) Members who are under the influence of alcohol or drugs ((shall))must not participate in any fire department operations or other functions. This rule does not apply to persons taking prescription drugs as directed by a physician or dentist providing such use does not endanger the worker or others.

(4) Alcoholic beverages ((shall))must not be allowed in station houses, except at those times when station houses are used as community centers, with the approval of management.

(5) A bulletin board or posting area exclusively for safety and health and large enough to display the required safety and health posters. The WISHA poster (WISHA form ((F416-081-000))F416-081-909) and other safety education material ((shall))must be provided. A bulletin board of "white background" and "green trim" is recommended.

(6) The fire department ((shall))must develop and maintain a hazard communication program as required by WAC 296-901-14010, which will provide information to all employees relative to hazardous chemicals or substances to which they are exposed, or may routinely be exposed to, in the course of their employment.

(7) Personnel.

(a) The employer ((shall assure))must ensure that employees are physically capable of performing duties that may be assigned to them.

(b) The employer ((shall))must not permit employees with known physical limitations reasonably identifiable to the employer, for example, heart disease or seizure disorder, to participate in physically demanding activities unless the employee has been released to participate in such activities by a physician or other licensed health care professional (LHCP) who is qualified by training or experience as determined by the fire department to evaluate firefighters.

AMENDATORY SECTION(Amending WSR 96-11-067, filed 5/10/96, effective 1/1/97)

WAC 296-305-01511Employee's responsibility.

(1) Firefighters ((shall))must cooperate with the employer and other employees in efforts to eliminate accidents.

(2) Each firefighter or other employee ((shall))must comply with the provisions of this chapter which are applicable to ((his/her))their own actions and conduct in the course of ((his/her))their employment.

(3) Firefighters and other employees ((shall))must notify the appropriate employer representative of unsafe work practices and of unsafe conditions of equipment, apparatus, or work places.

(4) Firefighters and other employees ((shall))must apply the principles of accident prevention in their work. They ((shall))must use all required safety devices, protective equipment, and safety practices, as provided and/or developed by management.

(5) Each firefighter ((shall))must take proper care of all personal protective equipment.

(6) Firefighters ((shall))must attend, when on duty, required training and/or orientation programs designed to increase their competency in occupational safety and health.

(7) Firefighters who are under the influence of alcohol or drugs ((shall))must not participate in any fire department operations or other functions. This rule does not apply to persons taking prescription drugs as directed by a physician or dentist providing such use does not endanger the worker or others.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-01513Safe place standards.

(1) ((Every employer shall))The employer must furnish and require the use of appropriate safety devices and safeguards. All work methods, and operations ((shall))must be so designed as to promote the safety and health of employees. The employer ((shall))must do everything reasonably necessary to protect the safety and health of employees.

(2) No firefighter or other employee, employer or employer representative ((shall))must:

(a) Remove, displace, damage, destroy or carry off any safety device, safeguard, notice or warning furnished for use in any employment or place of employment.

(b) Interfere in any way with the use of any safety device, method or process adopted for the protection of any employee.

AMENDATORY SECTION(Amending WSR 04-07-160, filed 3/23/04, effective 5/1/04)

WAC 296-305-01515First-aid training and certification.

(1) All firefighters except directors of fire departments and the directors' designated personnel, ((shall))must have as a minimum first-aid training as evidenced by a current, valid first-aid card, EMT or First Responder certification.

(2) New firefighters ((shall))must have such first-aid training within ((90))ninety days of the date of their employment or enroll for training in the next available class for which they are eligible.

(3) Fire service duties include exposure to bloodborne pathogens. The requirements of this section and chapter 296-823 WAC, Occupational exposure to bloodborne pathogens, ((shall))must apply.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-01517First-aid kits.

(1) To ((assure))ensure the emergency medical care of the firefighters there ((shall))must be present at each emergency incident at least the following items:

1 (one) utility scissors, EMT-type

1 CPR barrier

3 (three) rolls 1 inch adhesive tape

6 (six) 4" x 4" sterile, individually wrapped gauze pads

4 (four) combination pads, sterile, individually wrapped

4 (four) soft roller bandages, assorted size, sterile, individually wrapped cling type

2 (two) burn sheets, sterile, individually wrapped

2 (two) triangular bandages

1 (one) multitrauma dressing, sterile

2 (two) supply disposable gloves

2 (two) wire splints or equivalent

(2) All fire stations ((shall))must maintain a first-aid kit. The kit ((shall))must contain at least the following items:

6 (six) 4" x 4" sterile, individually wrapped gauze pads

4 (four) combination pads, sterile, individually wrapped

2 (two) rolls 1 inch adhesive tape

4 (four) soft roller bandages, assorted size, sterile, individually wrapped cling type

2 (two) triangular bandages

1 (one) utility scissors, EMT-type

1 (one) pair tweezers

1 (one) package assorted adhesive bandages

(3) All fire apparatus ((shall))must contain a first-aid kit as described in WAC ((296-800-150))296-800-15020.

(4) All fire departments providing emergency medical services to the public ((shall))must conform to the requirements of chapter 18.73 RCW Emergency Care and Transportation Services (and if applicable, chapter 248-17 WAC, Ambulance Rules and Regulations) which require additional first-aid equipment.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-02001Personal protective equipment and protective clothing.

Note:

For wildland firefighting personal protective equipment and clothing requirements see WAC 296-305-07012, Personal protective clothing and equipment for wildland firefighting.

(1) Employers ((shall))must provide and maintain at no cost to the employee the appropriate protective ensemble/protective clothing to protect from the hazards to which the member is or is likely to be exposed. Information on hazard assessments can be found in WAC 296-800-16005. Employers ((shall))must ensure the use of all protective equipment and clothing required by this standard. Full protective equipment designated for the task, ((shall))must be worn for all department activities.

(2) Firefighters ((shall))must be trained in the function, donning and doffing, care, use, inspection, maintenance and limitations of the protective equipment assigned to them or available for their use.

(3) Protective clothing and protective equipment ((shall))must be used and maintained in accordance with manufacturer's instructions. A written maintenance, repair, retirement, servicing, and inspection program ((shall))must be established for protective clothing and equipment. Specific responsibilities ((shall))must be assigned for inspection and maintenance. This requirement applies to firefighter's personally owned equipment as well as equipment issued by the employer.

(4) The fire department ((shall))must provide for the cleaning of protective clothing and contaminated station/work uniforms at no cost to the employee. Such cleaning ((shall))must be performed by either a cleaning service, or at a fire department facility, that is equipped to handle contaminated clothing. If the fire department does its own cleaning, they ((shall))must follow the manufacturer's recommended cleaning procedure or the 2008 edition of NFPA 1851, Standard on Selection, Care and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting.

(5) Personal protective equipment and clothing ((shall))must be of a type specified by NIOSH, MSHA, NFPA, ANSI, or as specifically referenced in the appropriate section of this chapter.

(6) Station/work uniforms. Station/work uniforms are not themselves intended as primary protective garments.

(a) Station/work uniforms if provided, ((shall))must meet the requirements as specified in the 1990 or 1994 edition of NFPA 1975, Standard on Station/Work Uniforms for Fire and Emergency Services. However, departments are not required to provide station/work uniforms for their employees.

(b) Station/work uniforms include trousers, and/or coveralls, but exclude shirts, underwear, and socks.

(c) Members ((shall))must not wear any clothing that is determined to be unsafe due to poor thermal stability or poor flame resistance when engaged in or exposed to the hazards of structural firefighting. The fire department ((shall))must inform members of the hazards of fabrics that melt, drip, burn, stick to the skin and cause burns to the wearer due to poor thermal stability or poor flame resistance, and ((shall))must prohibit their use by employees. Garments that are not provided by the employer, and that are made from all or mostly cotton, will meet the requirements of this section.

(d) Garments meeting the requirements of WAC 296-305-07012(1), meet the intent of this section.

(7) Proximity firefighting clothing:

(a) All turnout clothing used as proximity clothing ((shall))must meet the requirements of the 2000 edition of NFPA, 1976 Standard on Protective Ensemble for Proximity Firefighting.

(b) There ((shall))must be at least a two-inch overlap of all layers of the protective coat and the protective trousers so there is no gaping of the total thermal protection when the protective garments are worn. The minimum overlap ((shall))must be determined by measuring the garments on the wearer, without SCBA, with the wearer in the most stretched position, hands together reaching overhead as high as possible.

(c) Single piece protective coveralls ((shall))must not be required to have an overlap of all layers as long as there is continuous full thermal protection.

(d) Fire departments that provide protective coats with protective resilient wristlets secured through a thumb opening may provide gloves of the gauntlet type for use with these protective coats. Fire departments that do not provide such wristlets attached to all protective coats ((shall))must provide gloves of the wristlet type for use with these protective coats.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-02002Structural firefighting clothing (SFF).

(1) All SFF clothing purchased after January 1, 2014, ((shall))must meet the requirements of the 1991 edition of NFPA 1971, Standard on Protective Clothing for Structural Fire Fighting, or the 1997 edition of NFPA 1971, Standard on Protective Ensemble for Structural Fire Fighting. Firefighters ((shall))must not wear personal protective clothing manufactured prior to 1991, except for training purposes in nonhazardous areas.

(2) SFF clothing ((shall))must be maintained as specified by the manufacturer.

(3) Repairs to SFF clothing ((shall))must be done to the manufacturer's specification by qualified individuals approved by the manufacturer. Repairs must be made using materials and methods in accordance with the applicable standards under which the article was produced. Repairs include any and all alterations, modifications, additions, deletions or any other change made to the manufacturer's PPE article.

(4) SFF clothing which is damaged or doesn't comply with this section ((shall))must not be used.

(5) All SFF clothing ((shall))must be inspected semiannually by an individual qualified by the employer. Inspection intervals ((shall))must not exceed six months.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-02004Protection ensemble for structural firefighting.

(1) Face and eye protection.

(a) Face and eye protection shall be provided for and used by firefighters engaged in fire suppression and other operations involving hazards to the eye and face at all times when the face isn't protected by the full facepiece of the SCBA. Primary face and eye protection appropriate for a given specific hazard ((shall))must be provided for, and used by, members exposed to that specific hazard. Such primary face and eye protection ((shall))must meet the requirements of the 2003 edition of ANSI Z87.1.

(b) Persons whose vision requires the use of corrective lenses in spectacles, and who are required by this standard to wear eye protection, ((shall))must wear goggles or spectacles of one of the following types:

((•))(i) Spectacles with protective lenses that provide optical correction.

((•))(ii) Goggles that can be worn over corrective spectacles without disturbing the adjustment of the spectacles.

((•))(iii) Goggles that incorporate corrective lenses mounted behind the protective lens.

(c) When limitations or precautions are indicated by the manufacturer, they ((shall))must be transmitted to the user and care taken to see such limitations and precautions are strictly observed.

(d) Care, use and maintenance for any type of eye or face protection ((shall))must follow the manufacturer's suggested recommendations.

(e) Goggles ((shall))must be inspected, cleaned and disinfected prior to being reissued to other employees.

(f) Helmet face shields ((shall))must meet the requirements of the 2000 edition of NFPA 1971, Standard on Protective Ensemble for Structural Fire Fighting.

Note:

The helmet face shield alone doesn't always provide adequate eye protection against flying particles, splash, gases and vapors. For known eye hazards, such as cutting with power saws, chopping, drilling and using extrication equipment, the face shield should be worn with additional eye protection.

(g) For firefighters that don't have a helmet face shield, flexible or cushioned fitting goggles ((shall))must be provided.

(h) Goggles ((shall))must consist of a wholly flexible frame, forming a lens holder or a rigid frame with integral lens or lenses, having a separate, cushioned fitting surface on the full periphery of the facial contact area.

(i) Materials used ((shall))must be chemical-resistant, nontoxic, nonirritating and slow burning.

(ii) There ((shall))must be a positive means of support on the face, such as an adjustable headband of suitable material or other appropriate means of support to retain the frame comfortably and snugly in front of the eyes.

(2) Hearing protection. Fire departments must address noise issues as required by chapter 296-817 WAC, Hearing loss prevention (noise).

Note:

Although noise levels may exceed the 115 dBA ceiling limit for noise exposures during structural firefighting activities, hearing protection that will survive these conditions and not interfere with other essential PPE may not always be available. Fire departments must consider daily noise exposures and exposures to noise outside direct firefighting activities when selecting hearing protection and may use less protection during direct fire suppression when adequate hearing protection isn't technically feasible.

(3) Hand protection.

(a) Firefighters' gloves ((shall))must, when worn with turnout clothing, provide protection to the wrist area. In turnout clothing where wristlet protection isn't provided firefighters' gloves ((shall))must be tight-fitting at the top.

(b) Fire departments ((shall))must establish written policy and procedure for the care, use, cleaning, replacement or retirement criteria for gloves issued.

(c) Firefighters' gloves used during structural firefighting operations including rescue of victims from fires or emergency medical operations where sharp or rough surfaces are likely to be encountered ((shall))must meet the requirements of the 2000 edition of NFPA 1971, Standard on Protective Ensemble for Structural Fire Fighting.

Notes:	((•))1. Firefighters' gloves aren't designed to provide protection against all environments. For gloves needed to fulfill a specific requirement see that specific section of this chapter. It is the intent of this section to provide protection from intrusion through the glove by certain chemicals and from bloodborne pathogens. Consult the glove manufacturers' recommendations.
	((•))2. Firefighters' hands should be sized for compliance using the sizing chart specified in the 2000 edition of NFPA 1971, Standard on Protective Ensemble for Structural Fire Fighting.

(4) Body protection. Body protection ((shall))must be coordinated with torso, hand, head, foot, respiratory, and face protection as outlined in WAC 296-305-02001 through 296-305-02019 and 296-305-04001.

(5) Foot protection.

(a) Protective footwear purchased after January 1, 2014, ((shall))must comply with the 2007 or later edition of NFPA 1971, Standard on Protective Ensemble for Structural Fire Fighting.

(b) Fire departments ((shall))must establish written policies and procedures on the use, maintenance, and retirement criteria for footwear in conjunction with the manufacturer's recommendations.

Note:

Fire departments should establish cleaning and drying instructions for protective footwear, including applicable warnings regarding detergents, soaps, cleaning additives and bleaches.

(c) Firefighter footwear may be resoled, but upon resoling the footwear ((shall))must meet the requirements specified in this section.

(6) Head protection. Firefighters who engage in or are exposed to the hazards of structural firefighting ((shall))must be provided with and use helmets that meet, as a minimum, the requirements of the 1987 edition of NFPA 1972, Standard on Helmets for Structural Fire Fighting.

(a) Helmets purchased after January 1, 2014, ((shall))must comply with the 2007 or later edition of NFPA 1971, Standard on Protective Ensemble for Structural Fire Fighting.

(b) Fire departments ((shall))must establish a written policy and procedure for the care, use, maintenance and retirement criteria for helmets, following the manufacturer's recommendations.

(c) Helmet accessories ((shall))must not interfere with the function of the helmet or its parts, and ((shall))must not degrade the helmet's performance.

(d) Firefighters ((shall))must follow the manufacturer's recommendations regarding inspection, cleaning, painting, marking, and storage of helmets.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-02012Body armor.

Fire departments that use protective body armor ((shall))must comply with the following:

(1) If the employer's PPE assessment required by WAC 296-800-16005 documents a need for body armor, the employer must provide the necessary equipment and ensure that:

(a) The body armor fits properly;

(b) Employees are trained in the use and limitations of the body armor; and

Note:

Employees may exceed the minimum requirements for body armor if they choose.

(2) The fire department ((shall))must develop and have in place written guidelines for the care, use and maintenance of the protective body armor in conjunction with the manufacturer's recommendations.

(3) All protective body armor purchased prior to the effective date of this standard ((shall))must meet or exceed the April 1987 edition of National Institute of Justice NIJ 0101.03, threat level II requirements, or be demonstrated by the employer to be equally effective. All protective body armor purchased after the effective date of this standard must meet either the September 2000 edition of NIJ 0101.04, threat level II requirements or the June 2001 revision, NIJ 0101.04A. All body armor made of decertified materials as outlined in the 2005 edition of NIJ 0101.05 should be removed from service as soon as replacement body armor is available.

(4) Body armor ((shall))must be correctly fitted following the manufacturer's recommendations and ((shall))must not be used beyond the manufacturer's warranty.

Note:

DOSH Directive 5.09, Body Armor as Personal Protective Equipment, can provide additional guidance regarding selection of body armor.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-02017Personal alert safety system (PASS) protection.

(1) Each firefighter engaged in structural firefighting requiring the use of SCBA ((shall))must wear and use a PASS device. PASS devices ((shall))must meet the requirements of the 1993 edition of NFPA 1982, Standard on Personal Alert Safety Systems (PASS) for Firefighters. (See WAC 296-305-07001 through 296-305-07018 for wildland firefighting application.)

Note:

Fire departments should provide one spare PASS device for each ten units in service. If a department has less than ten devices they should have one spare.

(2) Each PASS device ((shall))must be tested routinely to ensure it is ready for use and immediately prior to each use, and shall be maintained in accordance with the manufacturers' instructions.

(3) Fire departments ((shall))must provide written procedures for the use of PASS devices.

(4) Fire departments ((shall))must establish a written procedure for the care, use, maintenance, and repair of PASS devices in conjunction with manufacturer's recommendations.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-02019Life safety ropes, harnesses, and hardware protection.

(1) All previously purchased life safety ropes, harnesses, and hardware used by fire departments ((shall))must meet the applicable requirements of the 2001 edition of NFPA 1983, Standard on Life Safety Rope and System Components. Ropes and equipment purchased after the effective date of this rule must meet the 2006 edition of NFPA 1983, Standard on Life Safety Rope and Equipment for Emergency Services.

(2) Ropes used to support the weight of members or other persons during rescue, firefighting, other emergency operations, or during training evolutions ((shall))must be life safety rope.

(3) Life safety rope used for rescue at fires, or other emergency incidents, or for training, ((shall))must be permitted to be reused if inspected before, and after, each such use in accordance with the manufacturer's instructions and provided:

(a) The rope has not been visually damaged by the exposure to heat, direct flame impingement, chemical exposure, or abrasion.

(b) The rope has not been subjected to any impact load.

(c) The rope has not been exposed to chemical liquids, solids, gases, mists, or vapors of any materials, known to deteriorate rope.

(d) If the rope used for rescue at fires or other emergency incidents, or for training, has been subjected to (a), (b), or (c) of this section, or fails the visual inspection, it ((shall))must be destroyed after such use.

(e) If there is any question regarding the serviceability of the rope after consideration of the above, the safe course of action ((shall))must be taken and the rope ((shall))must be placed out of service. See Appendix B.

(f) Rope inspection ((shall))must be conducted by qualified inspectors in accordance with rope inspection procedures established and recommended as adequate by the rope manufacturer to assure rope is suitable for reuse.

(4) Fire departments ((shall))must establish written procedures for the use of life safety ropes and rescue operations utilizing harnesses and ropes.

(5) Records ((shall))must provide a history of each life safety and training rope. The minimum information to be reflected in the record of history of life safety and training ropes ((shall))must include: Date of manufacturer, organization serial number, date of use, type of use, date of inspection, inspectors name and space for comments.

(6) The destruction of a rope means that it ((shall))must be removed from service and altered in such a manner that it could not be mistakenly used as a life safety rope. This includes disposal or removal of labels and cutting into short lengths to be used for utility purposes.

(7) All repairs to life safety harnesses ((shall))must be done by an authorized manufacturer's representative, or the manufacturer.

(8) At a minimum, ladder belts ((shall))must be used for firefighter attachment to ladders and aerial devices.

(9) Class II and Class III life safety harnesses ((shall))must be utilized for fall arrest and rappelling operations. Class III harnesses ((shall))must be used when the potential to become inverted exists.

(10) Life safety ropes ((shall))must be padded when deployed over edges or rough surfaces.

Note:

See WAC 296-305-05113 for rope rescue applications.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-02501Emergency medical protection.

(1) Firefighters who perform emergency medical care or otherwise may be exposed to blood or other body fluids ((shall))must be provided with emergency medical face protection devices, and emergency medical garments that meet the applicable requirements of the 1999 edition of NFPA 1999, Standard on Protective Clothing for Emergency Medical Operations.

Note:

Prior to purchase, fire departments should request the technical data package required in the 2003 edition of NAPA 1999, in order to compare glove and garment performance data. Departments reviewing these packages should ensure a relative ranking of the performance data before they purchase in order to provide the best performance of the EMS personal protective clothing.

(2) Firefighters ((shall))must don emergency medical gloves and eye protection prior to initiating any emergency patient care.

(3) Firefighters ((shall))must don emergency medical garments prior to any patient care during which splashes of body fluids can occur such as situations involving spurting blood or childbirth.

Note:

Firefighter turnout gear and gloves with vapor barriers may be used in lieu of emergency medical gloves and garments.

(4) Contaminated emergency medical garments, emergency medical face and eye protection, gloves, devices, and emergency medical gloves ((shall))must be cleaned and disinfected, or disposed of, in accordance with chapter 296-823 WAC, Occupational exposure to bloodborne pathogens.

(5) Fire departments ((shall))must establish a designated infection (exposure) control officer who ((shall))must ensure that an adequate infection control plan is developed and all personnel are trained and supervised on the plan.

(6) The infection control officer ((shall))must be responsible for establishing personnel exposure protocols so that a process for dealing with exposures is in writing and available to all personnel.

(7) The infection control officer or ((his/her))their designee will function as a liaison between area hospitals and fire department members to provide notification that a communicable disease exposure is suspected or has been determined by hospital medical personnel. The department infection control officer will institute the established exposure protocols immediately after report of an exposure. The infection control officer ((shall))must follow the confidentiality requirements of chapter 246-100 WAC and the medical protocol requirements of chapter 296-802 WAC.

(8) Fire departments ((shall))must have a written infection control plan which clearly explains the intent, benefits, and purpose of the plan. The written document must cover the standards of exposure control such as establishing the infection control officer and all members affected; education and training; documentation and record keeping; cleaning/disinfection of personnel and equipment; and exposure protocols.

(9) Policy statements and standard operating procedure guidelines ((shall))must provide general guidance and specific regulation of daily activities. Procedures ((shall))must include delegation of specific roles and responsibilities, such as regulation of infection control, as well as procedural guidelines for all required tasks and functions.

(10) Fire departments ((shall))must establish a records system for members health and training.

(11) Firefighters ((shall))must be trained in the proper use of P.E., exposure protection, post exposure protocols, disease modes of transmission as it related to infectious diseases.

(12) Infectious disease programs ((shall))must have a process for monitoring firefighters compliance with established guidelines and a means for correcting noncompliance.

(13) Fire department members ((shall))must be required to annually review the infectious disease plan, updates, protocols, and equipment used in the program.

(14) Fire departments ((shall))must comply with chapter 296-823 WAC, Occupational exposure to bloodborne pathogens, in its entirety.

(15) Tuberculosis (TB) exposure and respiratory protection requirements.

(a) Firefighters ((shall))must wear a particulate respirator (PR) when entering areas occupied by individuals with suspected or confirmed TB, when performing high risk procedures on such individuals or when transporting individuals with suspected or confirmed TB in a closed vehicle.

(b) A NIOSH-approved, 95% efficient particulate air respirator is the minimum acceptable level of respiratory protection.

(i) Fit tests are required.

(ii) Fit tests ((shall))must be done in accordance with chapter 296-842 WAC.

(c) Employee tuberculosis screening ((shall))must be provided in accordance with current U.S. Centers for Disease Control and Prevention guidelines.

Note:

If possible, the rear windows of a vehicle transporting patients with confirmed, suspected, or active tuberculosis should be kept open, and the heater or air conditioner set on a noncirculating cycle.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-03002Hazardous materials.

(1) Fire department personnel involved in hazardous materials incidents ((shall))must be protected against potential chemical hazards. Chemical protective clothing ((shall))must be selected according to the technical data package provided by the clothing manufacturer and used to protect the skin, eyes, face, hands, feet, head and body.

(2) Fire departments must select, provide, and require the use of additional personal protective equipment as required in chapter 296-842 WAC, Respiratory protection.

(3) Hazardous chemical protective equipment ((shall))must be classified by performance and is defined as:

(a) Vapor-protective suits (level A) meeting the criteria outlined in the 2000 edition of NFPA 1991, Standard on Vapor-Protective Ensembles for Hazardous Materials Emergencies.

(b) Liquid splash-protective suits (level B) meeting the criteria outlined in the 2000 edition of NFPA 1992, Standard on Liquid Splash-Protective Ensembles and Clothing for Hazardous Materials Emergencies.

(c) CBRN terrorism incident protective ensembles and ensemble elements meeting the criteria outlined in the 2001 edition of NFPA 1994, Standard on Protective Ensembles for First Responders to CBRN Terrorism Incidents.

(4) Vapor protective ensembles, liquid splash-protective ensembles, and CBRN protective ensembles ((shall))must completely cover both the wearer and the wearer's respiratory protection unless the respiratory protection has been specifically designed by the manufacturer for that type of chemical exposure.

(5) Vapor protective suits and liquid splash-protective suits ((shall))must not be used alone for any firefighting applications or for protection from radiological, biological, or cryogenic agents or in flammable or explosive atmospheres.

(6) Liquid splash-protective suits ((shall))must not be used when operations are likely to result in significant exposure to chemicals or specific chemical mixtures with known or suspected carcinogenicity as indicated by any one of the following documents if it can be reasonably expected that the firefighters in vapor-protective suits would be significantly better protected:

(a) Dangerous Properties of Industrial Chemicals, 10th edition-2000, N. Irving Sax.

(b) NIOSH Pocket Guide to Chemical Hazards, 2006 edition.

(7) Liquid splash-protective suits ((shall))must not be used when operations are likely to result in significant exposure to chemicals or specific chemical mixtures with skin toxicity notations as indicated by the American Conference of Government Industrial Hygienists (ACGIH) Threshold Limit Values for Chemical Substances and Agents and Biological Exposure Indices for 2004 or 2007 if it can be reasonably expected that firefighters in vapor-protective suits would be significantly better protected.

(8) Firefighters assigned to functional support operations outside the hot zone during hazardous chemical emergencies ((shall))must be provided with and ((shall))must use personal protective garments appropriate for the type of potential chemical hazard exposure.

(9) Fire departments responding to uncontrolled release of hazardous materials must comply with chapter 296-824 WAC, Emergency response.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-04001Respiratory equipment protection.

(1) Firefighter's self-contained breathing apparatus (SCBA) ((shall))must, at a minimum, meet the requirements of the 1997 edition of NFPA 1981, Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire Fighters. Equipment purchased after the effective date of this rule must meet the 2007 edition of NFPA 1981, Standard on Open-Circuit Self-Contained Breathing Apparatus for Emergency Services.

(2) Closed circuit SCBA ((shall))must:

(a) Be positive pressure;

(b) Be NIOSH certified; and

(3) Members using ((SCBA's shall))SCBAs must operate in teams of two or more.

(4) Except as otherwise provided in this chapter, fire departments ((shall))must adopt, maintain and implement a written respiratory protection program that addresses the requirements of chapter 296-842 WAC, Respiratory protection. This includes program administration, medical limitations, equipment limitations, equipment selection, inspection, use, maintenance, training, fit testing procedures, air quality, and program evaluation.

Note:

Additional information on respirators and respirator usage can be found in ANSI Z88.2 - American National Standard for Respiratory Protection and various NFPA publications (1981, 1404, 1500, etc.).

(5) Reserved.

(6) When the fire department makes its own breathing air or uses vendor supplied breathing air, they ((shall))must maintain documentation certifying breathing air quality. The breathing air ((shall))must:

(a) Be tested at least quarterly by using an air sample taken from the same outlet and in the same manner as the respirator breathing air cylinders are filled or air line respirators are connected.

(b) Meet the requirements of either the 2003 edition of NFPA 1989, Standard on Breathing Air Quality for Fire and Emergency Services Respiratory Protection or the 1997 edition of ANSI/CGA G6-1 - Commodity Specification for Air, with a minimum air quality of grade D.

(7) Fit testing ((shall))must be conducted in accordance with this section and chapter 296-842 WAC, Respiratory protection.

(a) Each new member shall be tested by a qualitative or quantitative method before being permitted to use SCBA's in a hazardous atmosphere.

(b) Only firefighters with a properly fitting facepiece ((shall))must be permitted by the fire department to function in a hazardous atmosphere with SCBA.

(i) At least once every twelve months.

(ii) Whenever there are changes in the type of SCBA or facepiece used.

(iii) Whenever there are significant physical changes in the user. Example: Weight change of ten percent or more, scarring of face seal area, dental changes, cosmetic surgery, or any other condition that may affect the fit of the facepiece seal.

(d) The fit testing is done only in a negative-pressure mode. If the facepiece is modified for fit testing, the modification ((shall))must not affect the normal fit of the device. Such modified devices ((shall))must only be used for fit testing.

(e) The fit test procedures and test exercises described in WAC 296-842-15005 and 296-842-22010 ((shall))must be followed unless stated otherwise in this chapter.

(f) Respirator fit test records ((shall))must include:

(i) Written guidelines for the respirator fit testing program including pass/fail criteria;

(ii) Type of respirator tested including manufacturer, model, and size;

(iii) Type of fit test and instrumentation or equipment used;

(iv) Name or identification of test operator;

(v) Name of person tested;

(vi) Date of test; and

(vii) Results of test.

Note:

Firefighters should be issued individual facepieces.

(8) Facial hair, contact lenses, and eye and face protective devices.

(a) A negative pressure respirator, any self-contained breathing apparatus, or any respirator which is used in an atmosphere immediately dangerous to life or health (IDLH) equipped with a facepiece ((shall))must not be worn if facial hair comes between the sealing periphery of the facepiece and the face or if facial hair interferes with the valve function.

(b) The wearer of a respirator ((shall))must not be allowed to wear contact lenses if the risk of eye damage is increased by their use.

(c) If corrective lenses must be worn with a facepiece, they ((shall))must be worn so as to not adversely affect the seal of the facepiece to the face. See WAC 296-842-18005(3).

(d) Straps or temple bars ((shall))must not pass between the seal or surface of the respirator and the user's face.

(9) At the end of suppression activities (to include fire overhaul) and before returning to quarters:

(a) Gross/field decontamination ((shall))must be performed on firefighters prior to removal of their respirator whenever firefighting activities resulted in exposure to a hazardous substance.

(b) When exchanging air supply bottles during suppression or overhaul activities, reasonable precautions ((shall))must be taken to maintain uncontaminated atmosphere to the breathing zone and facepiece supply hose.

(10) Self-contained respiratory equipment ((shall))must be available and used by all firefighters who enter into hazardous atmospheres during structural firefighting activities.

(11) Reserved.

(12) Respirators ((shall))must be provided for, and shall be used by, all personnel working in areas where:

(a) The atmosphere is hazardous;

(b) The atmosphere is suspected of being hazardous; or

Reference:

See WAC 296-305-05002(13) for additional requirements.

(13) Reserved.

(14) Firefighters using a properly functioning SCBA ((shall))must not compromise the protective integrity of the SCBA by removing the facepiece for any reason in hazardous atmospheres or in atmospheres where the quality of air is unknown.

(15) Firefighters ((shall))must receive training for each type and manufacturer of respiratory equipment available for their use, the step-by-step procedure for donning the respirator and checking it for proper function. Required training ((shall))must include:

(a) Recognizing hazards that may be encountered;

(b) Understanding the components of the respirator;

(d) Donning and doffing the respirator.

(16) After completing such training, each firefighter ((shall))must practice at least quarterly, for each type and manufacture of respirator available for use, the step-by-step procedure for donning the respirator and checking it for proper function.

(17) Members ((shall))must be tested at least annually on the knowledge of respiratory protection equipment operation, safety, organizational policies and procedures, and facepiece seals, to the fire department's standard. Such records ((shall))must remain part of the member training file.

(18) Members ((shall))must be allowed to use only the make, model, and size respirator for which they have passed a fit test within the last twelve months.

(19) In cases where there is a reported failure of a respirator, it ((shall))must be removed from service, tagged and recorded as such, and tested before being returned to service.

(20) Firefighters ((shall))must be thoroughly trained in accordance with the manufacturer's instructions on emergency procedures such as use of regulator bypass valve, corrective action for facepiece and breathing tube damage, and breathing directly from the regulator (where applicable).

(21) Reserved.

(22) SCBA cylinders ((shall))must be hydrostatically tested within the periods specified by the manufacturer and the applicable governmental agencies.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-04501Automotive fire apparatus design and construction.

(1) All new fire apparatus with the exception of specialized equipment, ((shall))must conform to the following minimum safety standards contained in the 2009 edition of NFPA 1901, Standard for Automotive Fire Apparatus, or the 2006 Edition of NFPA 1906, Standard for Wildland Fire Apparatus.

(2) Used fire apparatus, purchased after the effective date of this rule, weighing 10,000 pounds or more ((shall))must conform with the following U.S. Department of Transportation standards, when applicable:

(a) 49 C.F.R. Ch. V (10-03 edition) 571.121 "Air brake systems";

(b) 49 C.F.R. Ch. V (10-03 edition) 571.106 "Brake hoses";

(3) Employers acquiring used apparatus or used equipment ((shall))must not be required to bring it under a more stringent code than the one in force at the time the apparatus was manufactured. However, such vehicle must meet applicable U.S. Department of Transportation standards and chapter 296-865 WAC, Motor vehicles.

(4) Fire apparatus tailboards and steps ((shall))must have a nonskid rough surface.

(5) Exhaust systems ((shall))must be installed and maintained in proper condition, and ((shall))must be so designed as to minimize the exposure of the firefighter to the exhaust gases and fumes.

(6) Spinner knobs ((shall))must not be attached to the steering handwheel of fire apparatus.

(7) The transmission shifting pattern of the apparatus ((shall))must be clearly stenciled or labeled and posted so it can be clearly read by the driver while operating the apparatus.

(8) The height of any apparatus, over seven feet in height from the ground to the top of the beacon or highest point of the apparatus, ((shall))must be clearly labeled in a place where it can be easily and clearly read by the driver while operating the apparatus.

(9) All apparatus in excess of 10,000 pounds loaded weight, ((shall))must have the weight of the vehicle in pounds and tons clearly labeled in a place where it can be easily and clearly read by the driver while operating the apparatus.

(10) All hoses and equipment ((shall))must be secured to prevent unintentional or inadvertent deployment.

(11) Fire departments that purchase nonmotorized equipment to be used in emergency response situations on all roadways must comply with Title 46 RCW, Motor vehicles.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-04503Automotive fire apparatus equipment.

(1) Vehicles used to transport firefighters and employer representatives ((shall))must have compartments for carrying sharp tools, saws, chisels, axes, etc., or if carried on the outside of the apparatus, equipment with sharp points and edges ((shall))must be covered to prevent injury to firefighters and employer representatives.

(2) Personnel restraints for traveling.

(a) All persons riding on fire apparatus ((shall))must be seated and secured to the vehicle by seat belts or safety harnesses at any time the vehicle is in motion.

(b) Seat belts ((shall))must comply with U.S. Department of Transportation Part 49 C.F.R. Section 571, Standards 209 and 210.

(c) Riding on tailsteps or in any other exposed position such as sidesteps or running boards ((shall))must be specifically prohibited.

(d) Standing while riding ((shall))must be specifically prohibited.

(e) Members actively performing necessary emergency medical care while the vehicle is in motion ((shall))must be restrained to the extent consistent with the effective provision of such emergency medical care. All other persons in the vehicle ((shall))must be seated and belted in approved seating positions while the vehicle is in motion.

(f) Fire departments permitting hose loading operations while the vehicle is in motion ((shall))must develop a written policy and guidelines addressing all safety aspects.

Note:	Policy and operating guidelines should address:
	((•))1. The assigning of a member as a safety observer who should have an unobstructed view of the hose loading operation and be in visual and voice contact with the driver.
	((•))2. Allowed maximum fire apparatus speed when hose loading;
	((•))3. Control of nonfire department vehicular traffic; and
	((•))4. Allowing members in the hose bed, but limit standing to only when the vehicle is not moving.

Note:

See WAC 296-305-07018(3) for exceptions for wildland vehicles.

(3) Each fire apparatus ((shall))must carry a current U.S. Department of Transportation Emergency Response Guidebook in hardcopy or in electronic form for viewing on a digital reading device.

(4) Ladders stowed on the sides of apparatus, which protrude past the tailboard, ((shall))must have guards over the protruding ends.

(5) No employer ((shall))must permit automotive fire apparatus equipment which has an obstructed view to the rear, to be used in reverse gear unless the equipment has in operation a reverse signal alarm distinguishable from the surrounding noise level.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-04505Automotive apparatus operational rules.

(1) Each employer of staffed fire apparatus ((shall))must establish a written policy and procedure whereby the apparatus has a scheduled daily operational check. Each employer of unstaffed fire apparatus ((shall))must establish a schedule appropriate to that department's activities.

(2) Any item found to be in need of repair ((shall))must be reported immediately to the officer in charge or other appropriate person.

(3) Firefighting apparatus ((shall))must be brought to a full stop before employees are allowed to step from the apparatus.

(4) Firefighters ((shall))must not be in the apparatus hose bed while hose is being run out from the bed.

(5) Headlights ((shall))must be on at all times when any fire or emergency vehicle is responding to a call.

(6) All apparatus over 20,000 pounds (gross vehicle weight) ((shall))must utilize wheel chocks, rated for the specific apparatus they are being used with, when parked at an emergency scene.

(7) Apparatus responding to alarms ((shall))must meet specifications in RCW 46.61.035, relating to operations of authorized emergency vehicles.

(8) All operators of emergency vehicles ((shall))must be trained in the operations of apparatus before they are designated as drivers of such apparatus. The training program ((shall))must be established by each fire department. Once trained, all operators ((shall))must familiarize themselves with any apparatus prior to operating such apparatus even for brief periods of time.

Additional Reference: Washington Fire Chiefs - Emergency Vehicle Incident Prevention (EVIP) program or other Washington state accredited program.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-04507Fire apparatus maintenance and repair.

(1) If at any time a fire apparatus is found to be in an unsafe condition, it ((shall))must be reported immediately to the officer on duty.

(2) If in the driver or duty officer's determination, the apparatus cannot be used in a safe manner, it ((shall))must be taken out of service until it has been restored to a safe operating condition.

(3) All repairs to the suppression components of emergency vehicles of the fire department ((shall))must be done by an emergency vehicle technician, ASE certified technician or factory qualified individual. Repairs, maintenance or routine work to nonsuppression systems of suppression apparatus or other fire department vehicles and their equipment ((shall))must be done by personnel qualified in the specific area of repair. Fire service pumps with a capacity of 499 gallons per minute or less and not used for interior structural firefighting operations are exempt from this requirement.

(a) A preventive maintenance program ((shall))must be instituted and records maintained for each individual apparatus in order to record and track potential or on-going problems.

(b) Apparatus ((shall))must be maintained and tested in accordance with the manufacturer's recommendations.

Note:	Additional information can be found in the 2007 edition of NFPA 1911, Standard for the Inspection, Maintenance, Testing and Retirement of In-service Automotive Fire Apparatus.
	Qualifications for persons working on emergency response vehicles can be found in the 2000 edition of NFPA 1071, Standard for Emergency Vehicle Technician Professional Qualification, A.1.1 and A.2.1.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-04510Aerial apparatus.

(1) All new aerial devices ((shall))must be constructed and initially tested in accordance with the 2009 edition of NFPA 1901, Standard for Automotive Apparatus.

(2) All aerial devices ((shall))must be operated in accordance with the manufacturer's recommendations.

(3) All aerial devices ((shall))must be maintained, tested and repaired in accordance with the manufacturer's instructions and nonconflicting portions of the 2002 edition of NFPA 1911, Standard for the Inspection, Maintenance, Testing and Retirement of In-Service Automotive Fire Apparatus.

(a) All devices, as well as the section of the apparatus which supports the turntable, ((shall))must be inspected at least once every year.

(b) All devices, as well as the section of the apparatus which supports the turntable, ((shall))must be nondestructively tested by a certified testing agency every five years.

(c) After any accident that causes structural damage, testing ((shall))must be performed and all defects corrected before the apparatus is returned to service.

(4) Aerial devices ((shall))must be used according to the following requirements:

(a) The number of firefighters permitted on aerial devices ((shall))must be in accordance with the manufacturer's instructions.

(b) Aerial devices ((shall))must not be positioned under dangerous cornices or other loose overhanging objects that may endanger firefighters and personnel working from or climbing the ladders, except where rescue operations are essential.

(c) When working near energized electrical lines, the following minimum working clearances for all equipment and personnel ((shall))must be observed:

(i) For lines rated 50 kv or below, the minimum clearance between the lines and any part of the equipment ((shall))must be ten feet.

(ii) For lines rated over 50 kv, the minimum clearance ((shall))must be ten feet plus 0.4 inch (1 cm) for each 1 kv.

(iii) For low voltage lines (operating at 600 volts or less), the work ((shall))must be performed in a manner to prevent the firefighters or equipment from contacting the energized conductor.

(d) Fire apparatus aerial devices ((shall))must be positioned for the greatest stability feasible at the fire scene.

(e) The tip of the aerial device ((shall))must not be forcefully extended against a solid structure.

Note:

If allowed by manufacturer's recommendations, aerial devices may be utilized for ventilation in accordance with those recommendations.

(f) Aerial ladders ((shall))must not be extended or retracted while firefighters are climbing the ladder.

(g) Locking in ((shall))must not be permitted. If it is necessary for firefighters to be positioned on the aerial device, they ((shall))must be secured by at least a ladder belt.

(h) Ladder pipes, when in use, ((shall))must be secured to the aerial in such a manner so that the ladder pipe cannot accidentally be dislodged while in operation.

(i) The operator of an aerial device ((shall))must remain on the turntable whenever firefighters are working from the aerial. If the aerial device is used only as a ground ladder, no operator is needed on the turntable.

(5) The following ((shall))must regulate the design and use of the operating turntable and aerial device:

(a) Ladders ((shall))must have nonskid protection on the rungs.

(b) Turntable controls and valves for rotating, extending or elevating the aerial device ((shall))must be clearly and distinctly marked as to function.

(c) Aerial controls ((shall))must be spring loaded and have a safety catch so that the controls ((shall))will return to the neutral position if the operator is incapacitated.

(d) The operator of the aerial device ((shall))must be provided with a nonskid surface on the turntable.

(e) A railing of approximately forty-four inches in height, and if possible, not less than thirty-six inches in length, ((shall))must be installed on the turntable in back of the operator's position.

(f) A spotlight of not less than 75,000 candlepower (950,000 lumens) or a floodlight with not less than 850 cp (10,500 lumens) ((shall))must be provided at the base to illuminate the aerial device at night in any position of operation.

(6) The following ((shall))must regulate the communication systems on the aerial devices and on the automotive fire apparatus:

(a) A two-way voice communication system ((shall))must be installed between the top fly of the ladder or platform and the lower control station.

(b) There ((shall))must be some type of electrical signal or voice communication located in the tractor of tillered aerial for communication signals between the tillerman and driver. The apparatus ((shall))must not be moved unless the proper signal, as shown in Appendix E, is received from the tillerman.

(7) The automotive fire apparatus used in conjunction with aerial devices ((shall))must be used according to the following:

(a) Ground jacks or outriggers ((shall))must be deployed before an aerial device is put into operation.

(b) Ground plates ((shall))must be deployed under the outriggers or jacks at all times.

(d) In addition to ground jack supports and outriggers, wheel chocks ((shall))must be used whenever the aerial device is in operation.

(e) Wheel chocks ((shall))must be rated by the manufacturer of the chock for the apparatus it is to be used on.

(f) Sand or similar products ((shall))must be put under jacks, outriggers, and ground plates when operating on ice or snow.

(8) Railings on elevated platforms ((shall))must be constructed so that there is no opening greater than twenty-four inches below them.

(9) A plate ((shall))must be located at the aerial device control units, clearly visible to the operator at the lower control position, listing the following information:

(a) Model and serial number of the manufacturer.

(b) Rated capacity of the platform.

(d) Cautions or restrictions of operation.

(e) Control instructions.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-05000Incident management.

(1) The fire department ((shall))must establish an incident management system (IMS) consistent with the U.S. Department of Homeland Security National Incident Management System (NIMS) with written guidelines applying to all members involved in emergency operations.

(a) All members involved in emergency operations ((shall))must be trained in the IMS system.

(b) Personnel ((shall))must be trained and qualified by their department in the incident command system (ICS) that meets the requirements of NIMS prior to taking a role at an emergency scene.

(c) The incident management system ((shall))must be applied to drills, exercises, and other situations that involve hazards similar to those encountered at actual emergency incidents and to simulated incidents that are conducted for training and familiarization purposes.

(2) At all emergency incidents, the incident commander ((shall))must be responsible for the overall safety of all members and all activities occurring at the scene.

(3) All emergency incidents ((shall))must be managed by an ICS; the incident commander ((shall))must establish an organization with sufficient supervisory personnel to control the position and function of all members operating at the scene and to ensure that safety requirements are satisfied.

(4) At all emergency incidents, the incident commander ((shall))must have the responsibility to:

(a) Assume and confirm command and take an effective fixed physical command position.

(b) Perform situation evaluation that includes risk assessment.

(d) Develop an overall strategy and incident action plan.

(e) Develop an effective ICS organization by managing resources, maintaining an effective span of control, and maintaining direct supervision over the entire incident by creating geographical and/or functional area supervisors as appropriate for the scope and size of the incident.

(f) Review, evaluate, and revise the incident action plan as required.

(g) Continue, transfer, and terminate command.

(5) The fire department ((shall))must develop a risk management policy including rules of engagement that can be used by the incident commander in the development of incident strategies. The risk management policy should include direction and guidance to the incident commander in formulating incident planning relating to the level of risk that may be undertaken in any given incident to save lives and property in as safe a manner as dictated by the situation.

(6) The fire department ((shall))must establish an accountability system: Written procedures and guidelines for tracking all members operating at emergency incidents.

(7) The incident commander ((shall))must provide for control of access to hazardous areas of the incident scene. Procedures ((shall))must identify methods for identification of hazardous areas and communication of necessary protective equipment and other protective measures necessary to operate in the hazardous area.

(a) Control zones ((shall))must be established at emergency incidents.

(b) The perimeters of the control zones ((shall))must be designated by the incident commander and communicated to all members.

(c) If the perimeters of the control zones change during the course of the incident, these changes ((shall))must be communicated to all members on the scene.

(d) Hazard control zones ((shall))must be designated as hot, warm, cold and exclusion zones.

(e) All members ((shall))must wear the PPE (SCBA, flash hood, etc.) appropriate for the risks that might be encountered while in the hot zone.

(f) All members operating within the hot zone ((shall))must have an assigned task.

(g) No unauthorized personnel ((shall))must enter an exclusion zone that was designated due to the presence of imminent hazard(s) or the need to protect evidence.

(8) Firefighters operating in a hot zone ((shall))must operate in teams of two or more regardless of rank or assignment. Members of these teams ((shall))must be in constant communication with each other through touch, visual, or voice means in order to provide assistance in case of emergency.

(9) The fire department ((shall))must provide personnel for the rescue of members operating at emergency incidents as the need arises.

(10) The fire department ((shall))must develop and maintain written guidelines for the safety of members at incidents that involve violence, unrest, or civil disturbance. Such situations may include, but not be limited to, riots, fights, violent crimes, drug related situations, family disturbances, deranged individuals, and people interfering with fire department operations.

(11) When members are operating at an emergency incident and their assignment places them in potential conflict with motor vehicle traffic, all reasonable efforts ((shall))must be made to protect the members.

Note:

Chapters 6H and 6I of the Manual on Uniform Traffic Control Devices, 2003 edition revision 1, provides information on how to set up traffic control zones during emergency operations on different types of roadways. This information can be accessed for free at the following link: http://mutcd.fhwa.dot.gov/pdfs/2003r1/pdf-index.htm.

(12) Responders ((shall))must not manipulate equipment that they have not been trained or equipped to use.

(13) In the event a firefighter becomes lost, trapped, seriously injured, has a medical emergency, has exhausted their breathing air, or finds themselves in any other form of life threatening situation they ((shall))must immediately call for help, using the nationally adopted term "Mayday" to declare that an emergency situation now exists. The fire department ((shall))must specifically establish and routinely practice standard procedures for managing a Mayday situation.

(14) Emergency scene communications.

(a) Incident radio communication ((shall))must use clear text terminology.

(b) Incident communication ((shall))must use the phrase "emergency traffic" as the standard alert for all units operating on the scene to clear the air.

(c) The fire department ((shall))must specifically establish and routinely practice standard procedures for managing an "emergency traffic" situation.

Note:

The fire department communication center should start an incident clock when the first arriving unit is on scene of a working structure fire or when conditions appear to be time sensitive or dangerous. The dispatch center should notify the incident commander, at an interval established by their policy or procedure, until incident stabilization is achieved.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-05002Fire suppression.

(1) Before beginning interior structural firefighting operations, the incident commander must evaluate the situation and risks to operating teams.

(2) The "initial stages" of an incident ((shall))must encompass the tasks undertaken by the first arriving company with only one crew assigned or operating in the hot zone.

(3) In the initial stages of an incident where only one crew is operating in the hot zone at a working structural fire, a minimum of four individuals ((shall))must be required, consisting of two individuals working as a crew in the hot zone and two individuals present outside the hot zone available for assistance or rescue of firefighters during emergency operations where entry into the hot zone is required.

(4) Initial attack operations ((shall))must be organized to ensure that if, on arrival at the emergency scene, responders find a known rescue situation where immediate action could prevent the loss of life or serious injury, such action ((shall))must only be permitted when no less than three personnel (2-in/1-out) are present and equipped to provide emergency assistance or rescue of the team entering the hot zone.

No exception ((shall))must be allowed when there is no possibility to save lives or no "known" viable victims.

(5) Firefighters must not engage in interior structural firefighting in the absence of at least two standby firefighters (2-in/2-out) except as provided in WAC 296-305-05002(4).

(6) Standby team members ((shall))must comply with the following:

(a) Members ((shall))must remain aware of the status of firefighters in the hot zone.

(b) Members ((shall))must remain in positive communication (radio, visual, voice or signal line) with the entry team, in full protective clothing with respiratory protection donned while in standby mode.

(c) Only one standby team member may be permitted to perform other duties outside the hot zone, provided constant communication is maintained with the team in the hot zone, and provided that those duties will not interfere with his or her ability to initiate a rescue as appropriate.

(d) No standby team members ((shall))must be permitted to serve as a standby member of the firefighting crew when the other activities in which the firefighter is engaged inhibit the firefighter's ability to assist in or perform firefighter rescue or are of such importance that they cannot be abandoned without placing other firefighters in danger.

Note:

Nothing in this section ((shall))will prevent actions which may reasonably be taken by members first on the scene to determine the nature and extent of fire involvement.

(7) Once a second crew arrives at the hot zone, the incident ((shall))must no longer be considered to be in the "initial stage," and at least one rapid intervention crew should be assigned. For further guidance, see nonmandatory Appendix D.

(8) Teams in the hot zone ((shall))must have positive communication capabilities with the incident command structure in place. Incident radio communication capabilities within the incident management structure ((shall))must include monitoring the incident-assigned frequencies (including mutual aid radio frequencies).

(9) Officers at emergency scenes ((shall))must maintain an awareness of the physical and mental condition of members operating within their span of control and ensure that adequate steps are taken to provide for their safety and health. The command structure ((shall))must be utilized to request relief and reassignment of fatigued crews.

(10) Personal protective clothing/equipment designed for wildfire suppression ((shall))must not be used for interior structural firefighting.

(11) Firefighters ((shall))must not cut the electrical drip loop providing power to the structure nor pull the electrical meter.

(12) Prior to overhaul, buildings ((shall))must be surveyed for possible safety and health hazards. Firefighters ((shall))must be informed of hazards observed during the survey and measures ((shall))must be taken to protect firefighters from these hazards.

(13) Self-contained breathing apparatus (SCBA) ((shall))must be worn throughout overhaul. SCBA ((shall))must also be worn during activities taking place in the area previously considered the hot zone after overhaul unless the officer in charge conducts an exposure evaluation to determine or reasonably estimate whether an employee is or could be exposed to either an airborne contaminant above a permissible exposure limit (PEL) listed in WAC 296-841-20025 Table 3 or other airborne hazards, such as biological/radiological/nuclear hazards. When the officer in charge cannot determine or reasonably estimate employee exposure they ((shall))must conclude that an atmosphere is hazardous to the employees in accordance with WAC 296-842-13005.

(14) During the overhaul phase officers ((shall))must identify materials likely to contain asbestos, limiting the breaching of structural materials to that which is necessary to prevent rekindle.

(15) Prior to removing firefighting ensembles worn in the hot zone, a gross decontamination ((shall))must be performed to remove potentially harmful contaminants.

(16) Members of the department conducting post-fire investigations must comply with subsections (12) through (15) of this section.

(17) Employees working on, over, or along water where the chance of drowning exists ((shall))must be provided with and ((shall))must use approved personal flotation devices, unless it can be shown that conditions are such that flotation would not be achieved.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-05004Occupational exposure to heat and cold stress.

(1) Fire departments ((shall))must develop written guidelines that outline a systematic approach for the rehabilitation of members operating at incidents and training exercises. The following components must be included in this guideline:

(a) Supervisor's role in identifying climate conditions (hot or cold).

(b) The signs and symptoms of heat or cold stress and how to identify them in subordinates and fellow members.

(c) How to identify the climatic condition likely to produce heat or cold stress on members operating at emergency scenes or during training exercises.

(d) What steps the incident commander (IC) must take when the climatic condition poses a heat or cold stress hazard to members.

(e) What rest-to-work (recovery) schedule the IC must consider during climatic conditions that present a heat or cold stress hazard to members.

Example:

NFPA 1584 states that after members use 2 30-minute SCBA bottles or 1 45-to-60-minute SCBA bottle or 40 minutes strenuous work without an SCBA the member should go to rehabilitation for a 10 to 20 minute rest and rehydrate.

(f) Which active or passive cooling and warming techniques will be used based on the incident type and climatic condition.

(g) What rehydration schedule will be followed, including the amount and type of fluids.

(h) What the department will do to ensure caloric replacement and electrolyte replacement during longer term emergencies and exercises.

(i) What medical monitoring will be provided to members in rehabilitation and what criteria will be used to release members from rehabilitation.

(j) What the IC will do when a member is showing signs of heat or cold stress after completing the department's rest-to-work cycle.

(k) What medical personnel will be present in rehabilitation to evaluate members sent to rehabilitation during the rest-to-work cycle.

To determine what temperature triggers action at each worksite, select the general type of clothing or personal protective equipment each employee is required to wear and find the corresponding temperature in Table 1.

Table 1

Outdoor Temperature Action Levels

Nonbreathing clothing including vapor-barrier clothing or chemical resistant suits	52°
Double-layer woven clothing including coveralls, jackets and sweatshirts	77°
All other clothing	89°

Note:

There is no requirement to maintain temperature records. The temperatures in Table 1 were developed based on Washington state data and are not applicable in other states.

(2) Employee training. Training on the following topics must be provided to all employees who may be exposed to outdoor heat at or above the temperatures listed in Table 1:

(a) The environmental factors that contribute to the risk of heat-related illness.

(b) General awareness of personal factors that may increase susceptibility to heat-related illness including, but not limited to, an individual's age, degree of acclimatization, medical conditions, drinking water consumption, alcohol use, caffeine use, nicotine use, and use of medications that affect the body's responses to heat. This information is for the employee's personal use.

(c) The importance of removing heat-retaining personal protective equipment such as nonbreathable chemical resistant clothing during all breaks.

(d) The importance of frequent consumption of small quantities of drinking water or other acceptable beverages.

(e) The importance of acclimatization.

(f) The different types of heat-related illness and their common signs and symptoms.

(g) The importance of immediately reporting signs or symptoms of heat-related illness in either themselves or in coworkers to the person in charge and the procedures the employee must follow including appropriate emergency response procedures.

(3) Supervisor training. Prior to supervising employees working in outdoor environments with heat exposure at or above the temperature levels listed in Table 1, supervisors must have training on the following topics:

(a) The information required to be provided to employees listed in subsection (1) of this section.

(b) The procedures the supervisor must follow to implement the applicable provisions of this section.

(c) The procedures the supervisor must follow if an employee exhibits signs or symptoms consistent with possible heat-related illness, including appropriate emergency response procedures.

(d) Procedures for moving or transporting an employee to a place where the employee can be reached by an emergency medical service provider if necessary.

(4) The fire department ((shall))must rotate crews as necessary to allow for rehabilitation.

(5) All members ((shall))must be provided training and information on how the body regulates core temperatures and how to recognize the signs, symptoms and controls for heat and cold stress.

(6) All members ((shall))must be provided training on the department's guideline addressing heat and cold stress.

(7) Employees are responsible for monitoring their own personal factors for heat-related illness including consumption of water or other acceptable beverages to ensure hydration.

(8) A rehabilitation area ((shall))must be designated with features that provide shade or air conditioning with a place to sit for extremely hot environments.

(9) A rehabilitation area ((shall))must be designated with features that provide dry protected areas out of the wind or rain and a heated area with a place to sit for extremely cold or wet environments.

(10) Multiple rehabilitation areas must be set up if the geographical area or size of the scene creates barriers limiting members' access to rehabilitation.

(11) The rehabilitation area ((shall))must be of sufficient size to accommodate the number of crews using the area at the same time.

(12) Members entering the rehabilitation area that feel warm or hot ((shall))must remove their personal protective clothing. Personnel trained in basic life support ((shall))must evaluate the member and institute active or passive cooling as indicated.

(13) At a minimum, a person trained in basic life support with the knowledge and training needed ((shall))must be located in the rehabilitation area to conduct medical monitoring and evaluation of crews entering the rehabilitation area.

(14) Members ((shall))must not be released from rehabilitation until a person trained in basic life support okays their return to work.

(15) Supervisors ((shall))must assess their crew at least every forty-five minutes and more frequently when climatic conditions warrant to determine their need for rehabilitation.

(16) Members on emergency scenes and during exercises ((shall))must be provided a minimum of one quart of water per hour when the climatic conditions present heat or cold stress hazards. After one hour, caloric and electrolyte replacement must be considered.

(a) The employer((s)) must ensure that a sufficient quantity of drinking water is readily accessible to employees at all times.

(b) Employers must ensure that all employees have the opportunity to drink at least one quart of drinking water per hour.

(17) Employees showing signs or complaining of symptoms of heat-related illness must be relieved from duty, provided with a sufficient means to reduce body temperature, and monitored to determine whether medical attention is necessary.

Note:

For further guidance, sample policies and information please consult the 2008 edition of NFPA 1584, Standard on the Rehabilitation Process for Members During Emergency Operations and Training Exercises or the United States Fire Administration's Emergency Incident Rehabilitation Manual FA-314 issued February 2008.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-05013Aircraft rescue and firefighting.

(1) Fire departments that expect to respond to aircraft fires ((shall))must meet the applicable portions of the 2008 edition of NFPA 402, Guide for Aircraft Rescue and Firefighting Operations.

(2) Airport based fire departments ((shall))must meet the applicable portions of the 2008 edition of the NFPA 402, Guide to Aircraft Rescue and Firefighting Operations.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-05101Technical rescue general requirements.

(1) The following sections apply to fire departments that choose to operate for any type of technical rescue operations addressed in WAC 296-305-05113 at the following levels:

•	Operations level. This level represents the capability of organizations to respond to technical rescue incidents and to identify hazards, use equipment, and apply limited techniques specified in this rule to support and participate in technical rescue incidents.
•	Technician level. This level represents the capability of organizations to respond to technical rescue incidents, to identify hazards, use equipment, and apply advanced techniques specified in this rule necessary to coordinate, perform, and supervise technical rescue incidents.

Note:

Awareness level represents the minimum capability of organizations that provide response to technical rescue incidents or discover technical rescue situations during emergency scene operations and takes no offensive action. This level requires no written procedures.

(2) Members ((shall))must not operate at a level that exceeds the identified level of capability established in subsection (1) of this section.

(3) Basic life support ((shall))must be provided by the fire department at technical rescue incidents.

(4) Fire departments must meet all requirements in this section, along with all relevant requirements in the specific technical rescue sections, before operating at the operations or technician level at a technical rescue incident.

(5) Fire departments choosing to not respond to technical rescue emergencies will ensure their employees can recognize when a technical rescue situation is present and what to do in those cases.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-05103Technical rescue training.

(1) Training ((shall))must be provided to correspond to the operational level of the fire department. All fire departments which will be expected to perform at the operations level or higher operational level ((shall))must be trained to that level.

Note:

The 2008 edition of NFPA 1006, Standard for Technical Rescuer Professional Qualifications outlines the minimum individual Job Performance Requirements for Level I (Operations) and Level II (Technician) rescuers.

(2) Continuing education necessary to maintain all requirements of the level of capability ((shall))must be provided by the fire department.

(3) The training program ((shall))must be evaluated annually to ensure the fire department is prepared to function at the established operational level.

(4) All required training ((shall))must be documented. Documentation ((shall))must be maintained and available for inspection by employees, their representatives, and the department of labor and industries.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-05105Technical rescue standard operating procedure.

Fire departments that choose to operate above the awareness level for technical rescue incidents ((shall))must establish written procedures outlining the operational level of their department that are specific to their chosen level of response and the type of technical rescue operations they plan to perform.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-05107Technical rescue incident response planning.

(1) Fire departments or a consortium of departments that choose to operate at the operations level or above ((shall))must create a written special operations incident response plan for the specific type(s) of technical rescue at which they plan to operate at or above the operations level.

(2) When nonemergency resources may be required, procedures for acquisition of these resources for technical rescue incidents ((shall))must be developed.

(3) Fire departments that choose to respond to chemical, biological, radiological, and nuclear (CBRN) incidents ((shall))must provide training and equipment to all members expected to respond.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-05109Technical rescue equipment.

(1) Equipment.

(a) Equipment necessary for operations at technical rescue incidents, along with training exercises, ((shall))must be provided by the fire department.

(b) Training ((shall))must be provided to ensure that all equipment is used and maintained according to the manufacturer's instructions.

(2) Personal protective equipment (PPE) specific to technical rescue.

(a) Departments will provide, at no cost to employees, protective clothing and equipment to provide protection from the specific hazards to which they could be exposed.

(b) Employees must be trained in the care, use, inspection, maintenance and limitations of the protective clothing and equipment.

(c) Employees are required to wear the protective clothing and equipment provided by the department's procedures and guidelines.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-05111Technical rescue safety.

(1) General.

(a) All employees must be trained on:

(i) The hazards and risks associated with department's chosen level of technical rescue operations.

(ii) How to conduct technical rescue operations at the department's chosen level while minimizing threats to rescuers.

(iii) How to use PPE.

(b) Employees assigned specific duties and functions must be trained and qualified by their department prior to being assigned those duties or functions.

(c) When employees are operating in positions or performing functions that pose a high potential risk for injury, employees qualified in basic life support must be standing by.

(2) Emergency evacuation. Departments ((shall))must establish a procedure for members to abandon the technical rescue area and to account for their safety when an imminent hazard condition is discovered. This ((shall))must include a method for notifying all members in the affected area immediately.

(3) Technical rescue safety officer. The incident commander ((shall))must assign an incident safety officer with the requisite knowledge and responsibility for the identification, evaluation, and with the authority to correct hazardous conditions and unsafe practices, at all emergency scene operations and training exercises.

(4) Incident management. Departments ((shall))must use an ICS at all technical rescue incidents and training exercises.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-05113Technical rescue operational specialties.

Note:

When chapters of NFPA 1670, Standard on Operations and Training for Technical Rescue Incidents, are required by the following sections, internal references requiring compliance with further NFPAs or additional resources are not included in these requirements.

(1) Structural collapse. Fire departments choosing to operate at the operations or technician level for structural collapse incidents must meet the requirements found in chapter 5 of the 2009 edition of NFPA 1670, Standard on Operations and Training for Technical Rescue Incidents.

(2) Rope rescue.

(a) Fire departments choosing to operate at the operations or technician level for rope rescue incidents must meet the requirements of this section and the nonconflicting portions of chapter 6 of the 2009 edition of NFPA 1670, Standard on Operations and Training for Technical Rescue Incidents.

(b) Fire departments performing rope rescue operations must make sure previously purchased life safety ropes and equipment complies with the 2001 edition of NFPA 1983, Standard on Fire Service Life Safety Rope and System Components. Ropes and equipment purchased after the effective date of this rule must meet the requirements of the 2006 edition of NFPA 1983, Standard on Life Safety Rope and Equipment for Emergency Services.

(c) Life safety rope and rope rescue equipment ((shall))must be inspected after purchase and prior to placing in service, after each use, and at least semiannually.

(d) Harnesses ((shall))must be inspected for worn or broken stitching, rivets worn out of holes, and damage from abrasion, cuts, or chemicals.

(e) Descending/ascending hardware ((shall))must be inspected for wear, cracks, distortion, sharp edges, and ease of operation.

(f) The manufacturer's recommended shelf life of life safety ropes ((shall))must be followed. If no shelf life is specified, ropes greater than six years old ((shall))must be taken out of service as a life safety rope.

Note:

See WAC 296-305-02019, Life safety ropes, harnesses, and hardware protection, for further requirements.

(3) Confined space rescue.

(a) Fire departments choosing to operate at the operations or technician level for confined space rescue incidents must meet the requirements of this section, chapter 296-809 WAC Table 1, and the nonconflicting sections of chapter 7 of the 2009 edition of NFPA 1670, Standard on Operations and Training for Technical Rescue Incidents.

(b) Fire departments ((shall))must comply with chapter 296-809 WAC for their own confined spaces.

(c) Fire departments which will respond to calls to perform rescue from a permit-required confined space are required to have each member of a rescue team practice making permit space rescues at least every twelve months by means of simulated rescue operations in which they remove dummies, mannequins or actual persons from permit space. A permit is required for the practice permit space entry.

(d) During an actual rescue response, written or verbally recorded hazard sizeup will be allowed in lieu of the written permit requirements in WAC 296-809-50004 and ((shall))must be completed prior to any entry. This sizeup ((shall))must include at a minimum:

(i) Recognition and declaration of the situation as a confined space incident.

(ii) Denial of entry to unprotected persons.

(iii) Assessment of all readily available confined space documentation, e.g., MSDSs, any existing permit, plans or blueprints of the space.

(iv) Assessment of number of victim(s), locations and injury conditions.

(v) Discussion with witnesses, supervisors, and other sources of information.

(vi) Assessment of any current or potential space hazards, in particular, any hazard(s) which lead to the necessary rescue.

(vii) Determination and declaration if the situation is a body recovery or a victim rescue.

(e) At confined space incidents, at least two people outside ((shall))must be equipped with appropriate breathing apparatus to act as the back-up team, which ((shall))must remain free of the contaminated area in order to rescue disabled firefighters.

(f) Written documentation of the rescue team's training on the fire department's confined space operating procedures, authorized entrant training, and the contracted host's confined space program ((shall))must be kept. A record of each of the hazard sizeups ((shall))must be maintained for at least one year.

(g) Anytime firefighters are working inside a confined space, such persons ((shall))must be provided with SCBA or air line respirator with escape bottle, and ((shall))must use the equipment unless the safety of the atmosphere can be established by testing and continuous monitoring.

(i) If the service life of the auxiliary air supply is fifteen minutes or less it ((shall))must not be used for entry into an IDLH atmosphere but it may be used for escape purposes. The auxiliary air supply may be used for entry into an IDLH atmosphere only when the service life of the unit exceeds fifteen minutes and when not more than twenty percent of the noted air supply will be used during entry.

(ii) The maximum length of hose for supplied air respirators is three hundred feet (91 meters). Such hose ((shall))must be heavy duty nonkinking and NIOSH approved.

(4) Machinery rescue. Fire departments choosing to operate at the operations or technician level for machinery rescue incidents must meet the requirements of this section and the nonconflicting portions of chapter 12 of the 2009 edition of NFPA 1670, Standard on Operations and Training for Technical Rescue Incidents.

(5) Water rescue.

(a) Fire departments choosing to operate at the operations or technician level for water rescue incidents must meet the requirements of this section and the nonconflicting portions of chapter 9 of the 2009 edition of NFPA 1670, Standard on Operations and Training for Technical Rescue Incidents.

(b) Organizations choosing to operate at the operations or technician level for dive rescue incidents must meet the requirements found in chapter 9 of the 2009 edition of NFPA 1670, Standard on Operations and Training for Technical Rescue Incidents.

(c) Fire departments choosing to operate at the operations or technician level for dive recovery incidents must meet the requirements found in chapter 296-37 WAC, Standards for commercial diving operations, and the nonconflicting parts of chapter 9 of the 2009 edition of NFPA 1670, Standard on Operations and Training for Technical Rescue Incidents.

(d) If a manufacturer's specifications are such that an engineer is required for the operation of a vessel, one ((shall))must be provided.

(e) When fire boats perform rescue activities they ((shall))must have two dedicated personnel. Any member not specifically required to operate the vessel, e.g., an operator (pilot) or engineer (if required by the manufacturer's specification) may be used as a deck hand. This may include the boat officer if ((his/her))their duties do not include operating the fire boat.

(f) Watercraft load capabilities ((shall))must not exceed the manufacturer's specifications.

(g) Each fire department ((shall))must determine the function of their watercraft; firefighting, rescue, or both.

(h) Watercraft operating within navigable waters of the state of Washington (as defined by the United States Coast Guard) ((shall))must comply with all of the rules of the United States Coast Guard.

(i) Fire boats operating within navigable waters of the state of Washington (as defined by the United States Coast Guard) ((shall))must have a fully dedicated pilot.

(j) The operator (pilot) of the watercraft is responsible for its safe operation.

(k) Training for all personnel ((shall))must cover the physical characteristics of the vessel involved and ((shall))must be included in the employer's accident prevention program.

(i) All assigned personnel ((shall))must be trained in safe operation of watercraft and the operations the craft is intended to perform.

(ii) All employees involved in water rescue ((shall))must be trained in water rescue techniques and use Coast Guard approved personal flotation devices, Type III, minimum.

Exception:

Employees working below deck or in enclosed cabins or when working above, on or alongside still water where flotation would not be achieved, are exempt from this requirement.

(l) All employers operating watercraft in nonnavigable waters ((shall))must be responsible for training all employees to local hazards.

(6) Trench and excavation rescue.

(a) Fire departments choosing to operate at the operations or technician level for trench and excavation rescue incidents must meet the requirements of this section and nonconflicting portions of chapter 11 of the 2009 edition of NFPA 1670, Standard on Operations and Training for Technical Rescue Incidents.

(b) Employees that directly engage in trench rescue operations ((shall))must be under the direct supervision of person(s) with adequate training in trench and excavation hazard recognition, equipment use and operational techniques.

(c) Each employee in an excavation ((shall))must be protected from cave-ins by an adequate protective system except when:

(i) Excavations are made entirely in stable rock; or

(ii) Excavations are less than four feet (1.22 meters) in depth and examination of the ground by a competent person provides no indication of a potential cave-in.

(7) Mine and tunnel rescue.

(a) Fire departments choosing to operate at the operations or technician level for mine and tunnel rescue incidents must meet the requirements of this section and the nonconflicting portions of chapter 14 (Mine and Tunnel Search and Rescue) of the 2009 edition of NFPA 1670, Standard on Operations and Training for Technical Rescue Incidents.

(b) The requirements of this section ((shall)) apply to agencies that provide varying degrees of response to tunnels under construction or other underground excavations formerly classified as mines or tunnels.

(c) The requirements of this section ((shall))do not apply to operating mines, tourist mines, basements, or subterranean structures that are complete and in use or that meet the definition of a confined space.

(d) Emergency services that are the designated primary provider of rescue services for operational mines and tunnels under construction are required to comply with the nonconflicting portions of chapter 296-155 WAC Part Q, Underground construction.

(e) Members who regularly enter a tunnel under construction as part of their regular duties ((shall))must receive training meeting the requirements of the safety instruction required by WAC 296-155-730(3).

(f) Regardless of whether an atmospheric hazard is detected, any entrant into a tunnel under construction, mine or any related shaft or excavation ((shall))must have a means of emergency egress respiratory protection with no less than a thirty minute rated service life immediately available. There ((shall))must be at least one unit immediately available for each member in the tunnel.

MSHA or NIOSH approved "Self Rescuer" or "Self Contained Self Rescuer" devices fulfill this requirement provided the user has been trained in its use and the device is suitable for the type of potential hazards that may be encountered.

(g) A rescue service entry team ((shall))must have the ability at a minimum to continuously monitor the air for oxygen, carbon monoxide, hydrogen sulfide, and combustible gasses as well as any other atmospheric contaminants that are known or suspected.

(h) The rescue service entry team ((shall))must have at least two methods of communication with the surface, one of which ((shall))must be voice communication.

This requirement may be satisfied by using both the "direct" and "trunked" features of the same radio systems provided adequate equipment is available to the entry team to provide constant simultaneous communication using both methods.

(i) Rescue service entry teams that enter a mine or tunnel with a known atmospheric hazard ((shall))must have a clearly defined "turnaround" benchmark to ensure adequate egress to an area of refuge or safety.

(j) Each rescue service entry team that enters a mine or tunnel with a known or suspected atmospheric hazard ((shall))must have at least one source of breathable air independent of each wearer's SCBA to be used in the event of an SCBA failure or "out of air" emergency. This source of air is to be independent of any device brought in for the use of victims.

(k) A backup team with similar size and capabilities as the rescue service entry team ((shall))must be immediately available to enter the space.

(l) Each member of the organization who is designated as part of the technician level rescue service ((shall))must practice making mine or tunnel rescues as part of a rescue team no less than once every twelve months. This may be accomplished by means of simulated rescue operations in which the team removes dummies, mannequins, or persons from actual mines and tunnels or from representative mines and tunnels.

Representative mine and tunnels should, with respect to opening size, configuration, and accessibility, simulate the types of mines and tunnels from which rescue is to be performed.

AMENDATORY SECTION(Amending WSR 17-02-066, filed 1/3/17, effective 2/3/17)

WAC 296-305-05502Training and member development.

(1) The employer must provide training, education and ongoing development for all members commensurate with those duties and functions that members are expected to perform.

(a) Training and education must be provided to members before they perform emergency activities.

(b) Fire service leaders and training instructors must be provided with training and education which is more comprehensive than that provided to the general membership of the fire department.

(c) The fire department ((shall))must develop an ongoing proficiency cycle with the goal of preventing skill degradation.

(2) Training on specific positions/duties deemed by the fire department critical to the safety of responders and the effectiveness of emergency operations (such as driver operators or support personnel) ((shall))must be provided at least annually.

(3) Firefighters ((shall))must be trained in the function, care, use/operation, inspection, maintenance and limitations of the equipment assigned to them or available for their use.

(4) Members who are expected to perform interior structural firefighting ((shall))must be provided with an education session or training at least quarterly.

(5) When firefighters are engaged in training above the ten-foot level, where use of lifelines or similar activities are to be undertaken, a safety net or other approved secondary means of fall protection recommended in chapter 296-155 WAC, Part C-1, fall protection requirements for construction, ((shall))must be used.

(6) Continuing education live fire training.

(a) All members who engage in interior structural firefighting in IDLH conditions ((shall))must be provided live fire training appropriate to their assigned duties and the functions they are expected to perform at least every three years. Firefighters who do not receive this training in a three-year period will not be eligible to return to an interior structural firefighting assignment until they do. Responding to a fire scene with a full alarm assignment, an ICS established and a ((postincident))post-incident analysis will meet this requirement, but for no more than two training evolutions.

(b) All live fire training ((shall))must be conducted by fire department qualified fire service instructors. When conducting their own training, fire departments must meet the requirements set out in the 2007 edition of the NFPA 1403, Standard on Live Fire Training Evolutions.

(c) An incident safety officer ((shall))must be appointed for all live fire training evolutions. The incident safety officer function ((shall))must be filled by a person who is trained and qualified in the IMS/Incident safety officer duties and who is not responsible for any other function at the training evolution other than the role of incident safety officer.

(7) When using structures for live fire suppression training, activities ((shall))must be conducted according to the 2007 edition of NFPA 1403, Standard on Live Fire Training Evolutions. When using structures for nonlive fire training, the following requirements ((shall))must be met:

(a) All structures used for training must be surveyed for potential hazardous substances, such as asbestos, prior to the initiation of any training activities. The survey must comply with chapter 296-62 WAC Part I-1 and ((shall))must be conducted by an AHERA accredited inspector and performed in accordance with 40 C.F.R. 763, Subpart E. If the hazardous substances or asbestos containing materials of ˃ 1% asbestos are to be disturbed during any training activity they must be removed prior to beginning that activity. Removal of asbestos < or =1% is not required prior to live fire training.

In live fire training structures where < or = 1% asbestos has been disturbed, the fire department will provide written notice to the owner/agent that asbestos has been disrupted and remains on-site.

For structures built before 1978, you must assume that painted surfaces are likely to contain lead and inform workers of this presumption. Surveys for lead containing paints are not required. Lead containing paints are not required to be removed prior to training activities.

If the training activity will not disturb the hazardous substance, the material must be clearly marked and all participants must be shown the location of the substance and directed not to disturb the materials.

(b) Acquired or built structures used for fire service training that does not involve live fire must be surveyed for the following hazards and those hazards abated prior to the commencement of training activities:

(i) In preparation for training, an inspection of the training building ((shall))must be made to determine that the floors, walls, stairs and other structure components are capable of withstanding the weight of contents, participants and accumulated water.

(ii) Hazardous materials and conditions within the structure ((shall))must be removed or neutralized, except as exempted in (a) of this subsection.

((•))(A) Closed containers and highly combustible materials ((shall))must be removed.

((•))(B) Oil tanks and similar closed vessels that cannot easily be removed ((shall))must be vented sufficiently to eliminate an explosion or rupture.

((•))(C) Any hazardous or combustible atmosphere within the tank or other vessel ((shall))must be rendered inert.

((•))(D) Floor openings, missing stair treads or railings, or other potential hazards ((shall))must be repaired or made inaccessible.

(iii) If applicable, floors, railings and stairs ((shall))must be made safe. Special attention ((shall))must be given to potential chimney hazards.

(iv) Debris hindering the access or egress of firefighters ((shall))must be removed before continuing further operations.

(v) Debris creating or contributing to unsafe conditions ((shall))must be removed before continuing further operations.

(c) Asbestos training. Firefighters must be provided asbestos awareness training, including communication of the existence of asbestos-containing material (ACM) and presumed-asbestos-containing material (PACM). Training ((shall))must be provided prior to initial assignment and annually thereafter, and must include:

(i) The physical characteristics of asbestos including types, fiber size, aerodynamic characteristics and physical appearance.

(ii) Examples of different types of asbestos and asbestos-containing materials to include flooring, wall systems, adhesives, joint compounds, exterior siding, fire-proofing, insulation, roofing, etc. Real asbestos ((shall))must be used only for observation by trainees and ((shall))must be enclosed in sealed unbreakable containers.

(iii) The health hazards of asbestos including the nature of asbestos related diseases, routes of exposure, dose-response relationships, synergism between cigarette smoking and asbestos exposure, latency period of diseases, hazards to immediate family, and the health basis for asbestos standards.

(iv) Instruction on how to recognize damaged, deteriorated, and delamination of asbestos-containing building materials.

(v) Decontamination and clean-up procedures.

(vi) Types of labels that are used within different industries to identify ACM or PACM that is present within structures. The labeling system the employer will use during training to identify asbestos and ACM/PACM during destructive drilling and training.

(vii) The location and types of ACM or PACM within any fire department owned or leased structures and the results of any "Good Faith Survey" done on fire department owned or leased structures.

(8) Asbestos exposure during destructive training activities. Fire department employees are exempt from the requirements of chapter 296-65 WAC and WAC 296-62-077, provided they comply with the following requirements:

(a) Fire departments must obtain a good faith asbestos inspection/survey from the property owner/agent prior to disturbing building materials. The good faith survey must comply with chapter 296-62 WAC Part I-1 and ((shall))must be conducted by an AHERA accredited inspector and performed in accordance with 40 C.F.R. 763, Subpart E.

(b) Good faith surveys must be shared with all employers and employees prior to using any structure.

(c) Materials containing ˃1% asbestos must be marked by a system recognized by all members. ACM/PACM may not be disturbed prior to, or during training, or must be removed by a certified asbestos abatement contractor prior to training activities. The incident safety officer for the training must walk all participants through the structure and inform them of the location of all ACM/PACM and that this material is not to be disturbed. If the structure is used for a black-out drill, the incident safety officer must instruct members that ACM/PACM is present and take precautions to ensure these materials are not disturbed during the training. A walk through is not required for black-out drills.

(d) Destructive drilling must not occur in a structure until the fire department has received a good faith asbestos survey from the owner/agent and ensured that any ACM or PACM has been abated from substrates upon which destructive drill tasks are planned to be performed. All suspect asbestos materials designated for destructive drill tasks will be identified, evaluated and tested by an accredited AHERA lab.

(e) Materials containing < or = 1% asbestos must be labeled by a system recognized by all members. Prior to initiating any destructive drilling on materials containing < or = 1% asbestos, the incident safety officer for the training must walk all participants through the structure and inform them of the location of asbestos.

(f) Firefighters must wear SCBA and turnouts whenever exposed to asbestos.

(g) Firefighters must be provided gross decontamination at the drill site by rinsing/brushing the firefighters turnouts and SCBA with water.

(h) Hand tools and other asbestos contaminated equipment will be rinsed off prior to being returned to the apparatus or service. Tools and equipment that cannot be decontaminated on site must be placed in sealed containers until they can be decontaminated. Care must be taken to not spread the asbestos.

(i) PPE that may have been contaminated with asbestos must be cleaned in a manner recommended by the manufacturer and that prevents the exposure of the employee cleaning the PPE. PPE that cannot be cleaned on-site must be placed in sealed containers until they can be decontaminated.

(j) In structures scheduled for demolition, or that will be turned over to another employer, where < or = 1% asbestos has been disturbed, the fire department will provide written notice to the owner/agent that asbestos has been disrupted and remains on-site. The fire department will inform the owner/agent, in writing, that access to the property must be limited to the demolition or asbestos contractor.

(k) The fire department will secure the structure after all drills and at the conclusion of the use of the structure. Securing the structure may include but not be limited to((:)), locking or boarding up windows, doors, and wall and roof openings. The site of the structure may also require fencing. When asbestos material of < or = 1% has been disturbed by the fire department's drill activities, the site will be posted with warning signs. These signs will notify entrants onto the site that asbestos debris of < or = 1% has been left on the site. For fire department members who plan to enter the structure or the building footprint, the signs will state the necessity of full turn-outs and SCBA with decontamination procedures. The signs will also state that entry into the building or the building footprint is prohibited by any persons other than the fire department and the demolition/abatement contractor.

(9) Additional training. Training must be provided on topics according to the job duties and potential hazards as outlined in Table 2, Subject Specific Training.

Table 2 Subject Specific Training
Topic	Training requirements found in:
HEALTH AND SAFETY
Noise and hearing loss prevention	• Chapter 296-817 WAC, Hearing loss prevention (noise)
	• WAC 296-305-02004
Respiratory equipment	• Chapter 296-842 WAC, Respirators
	• WAC 296-305-04001
Employee right-to-know procedures	• WAC 296-901-14016 Employee information and training
Identification and handling of asbestos-containing materials likely to be encountered during a fire response	• WAC 296-62-07722(5) as appropriate to asbestos encountered during a fire response, or EPA awareness level asbestos two hour training course
FIRE SUPPRESSION
Overhaul procedures and operations	• WAC 296-305-05000 and 296-305-05002
Live fire training in structures	• NFPA 1403, Standard on Live Fire Training Evolutions, 2007 Edition
Wildland fires	• WAC 296-305-07010 through ((296-305-07019))296-305-07018
	• The National Wildfire Coordination Group (NWCG) firefighter II
	• All training for assigned wildland incident command positions must be completed prior to assignment by the IC
INCIDENT MANAGEMENT
Incident management training	• National Incident Management System
	• NFPA 1561, Standard on Emergency Services Incident Management System, 2008 edition (available on-line)
EMERGENCY MEDICAL
Emergency medical training	• WAC 296-305-02501
HAZARDOUS MATERIALS
Hazardous materials training	• Chapter 296-824 WAC, Emergency response
	• Nonconflicting portions of NFPA 472, Standard for Competence of Responders to Hazardous Materials/Weapons of Mass Destruction Incidents, 2008 edition
TECHNICAL RESCUE
Confined space entry and/or rescue	• Chapter 296-809 WAC, Confined spaces
	• WAC 296-305-05004
	• Nonconflicting portions of NFPA 1670, Standard on Operations and Training for Technical Rescue Incidents, 2004 edition
	• Nonconflicting portions of NFPA 1006, Professional Qualifications for Technical Rescue, 2008 edition
Other technical rescue situations, such as rope, structural collapse, transportation/ machinery, trench, water, and wilderness rescue	• NFPA 1670, Standard on Operations and Training for Technical Rescue Incidents, 2004 edition
	• Nonconflicting portions of NFPA 1006, Professional Qualifications for Technical Rescue, 2008 edition
POSITION SPECIFIC DEVELOPMENT
Aircraft	• NFPA 402, Guide for Aircraft Rescue and Firefighting Operations, 2008 edition
Driver training	• WAC 296-305-04505(8)

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-06001Fire service equipment.

(1) All portable equipment ((shall))must be inspected routinely to ensure that it is ready for use.

(2) Any defective equipment ((shall))must be removed from service.

(3) Nylon utility straps or straps of equivalent strength should be used instead of hose belts. The utility strap ((shall))must be of one-inch nylon, or equivalent belting, with a four-inch overlap and sewn with polyester thread and ((shall))must measure at least 102 inches on the outside circumference.

(4) The load capacity ((shall))must be stenciled on each portable jack and the load capacity ((shall))must not be exceeded.

(5) The instruction plate on portable jacks ((shall))must be maintained in a legible condition.

(6) Portable powered cut-off saws (rescue saws) ((shall))must be used in accordance with the manufacturer's recommendations.

Exception:

The lower blade guard described in WAC 296-807-12005 is not required on hand-held portable powered cut-off saws used by fire/rescue personnel for rescue procedures and/or roof ventilation for smoke removal, provided the operator is wearing appropriate eye, face, head, and body protection as specified in WAC 296-305-02001 through 296-305-02012. This exception also applies to qualified persons (e.g., instructors) wearing personal protective equipment as described herein to instruct personnel in safe roof ventilation/rescue techniques.

(7) When not in use, the cutting teeth on a chain saw ((shall))must be covered either by an old section of hose, a wooden scabbard, or an equivalent method.

(8) All axes worn by employees ((shall))must be provided with a scabbard to guard against injury from the blade and pick of the axe.

(9) The guards on smoke ejectors, as supplied by the manufacturer, ((shall))must not be removed and the operator of the ejector ((shall))must wear gloves.

(10) Acetylene cylinders. Handling, storage and utilization of acetylene in cylinders ((shall))must be in accordance with the Compressed Gas Association Pamphlet G-1 - 2003 edition.

(11) Powder activated life-line guns and accessories ((shall))must be stored in a box or container equipped with a lid or cover.

(a) The box ((shall))must be kept closed when not in use.

(b) A loaded life-line gun ((shall))must not be placed in the storage box.

(c) Instruction books, cleaning kits and hand tools needed for maintenance or breakdown purposes ((shall))must be kept in the life-line gun storage box.

(d) The words "powder activated tool" ((shall))must be conspicuously printed on the top of the storage box.

(12) Abrasive blades in storage, not on a saw, ((shall))must be protected from contact with water, liquids, petroleum products and their fumes.

(13) Fiber rope that has been subjected to injurious chemicals or excessive heat ((shall))must not be used for load carrying purposes.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-06003Testing fire service equipment.

(1) All fire suppression and supply hose must be tested annually as well as when there is reason to believe the hose has been damaged. Testing ((shall))must be in accordance with the 2003 edition of NFPA 1962, Standard for the Inspection, Care, and Use of Fire Hose, Couplings, and Nozzles and the Service Testing of Fire Hose.

(2) Safety nets ((shall))must be tested annually by dropping a weight of not less than 400 pounds from the highest point to be used above the net. The test weight object may consist of two tightly tied rolls of two and one-half inch hose, each 100 feet long, or any other object having similar weight and dimension.

(a) The net suspension system ((shall))must be designed and constructed with a safety factor of four and as a minimum, ((shall))must withstand the test loading without permitting contact between the net and any surface or object below the net.

(b) Forged steel safety hooks or shackles ((shall))must be used to fasten the net to its supports.

(c) Training requiring safety net protection ((shall))must not be undertaken until the net is in place and has been tested by the weight of three firefighters on the net.

(d) Safety nets ((shall))must extend eight feet beyond the edge of the work surface.

(e) The mesh size of nets ((shall))must not exceed six inches by six inches.

(f) All nets ((shall))must meet accepted performance standards of 17,500 foot pounds minimum impact resistance as determined and certified by the manufacturer, and ((shall))must bear a label of proof test.

(g) Edge ropes ((shall))must provide a minimum breaking strength of 5,000 pounds.

(3) The method of testing a life line gun ((shall))must be in accordance with the manufacturer's recommended procedure.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-06006Ground ladders.

This section establishes the minimum requirements for the construction, care and use of fire department ground ladders.

(1) New ground ladders purchased after the effective date of this chapter ((shall))must be constructed and certified in accordance with the 2004 edition of NFPA 1931, Standard on Design and Design Verification Tests for Fire Department Ground Ladders.

(2) Firefighters ((shall))must climb and descend ground ladders with the fly in, for safety purposes, when not in conflict with the manufacturer's recommendations. Even when ladders are routinely used in the fly-out configuration, in adverse conditions firefighters ((shall))must be permitted to climb and descend ground ladders with the fly in to assure secure footing.

(3) All ground ladders ((shall))must be maintained in accordance with the manufacturer's recommendations and visually inspected at least once a month and after every use. The following ladder components ((shall))must be visually inspected:

(a) Heat sensor labels, if provided, for a change indicating heat exposure.

(b) All rungs for snugness and tightness.

(d) Welds for any cracks or apparent defects.

(e) Butt spurs for excessive wear or other defects.

(f) Halyards for fraying or breaking.

(g) Roof hooks for sharpness and proper operation.

(h) Beam and rungs for punctures, wavy conditions, worn serrations or deformation.

(i) Surface corrosion.

(4) The following wood ladder components ((shall))must be checked:

(a) Beams for dark streaks. When a wood ground ladder develops dark streaks in the beams, the ladder ((shall))must be removed from service and service tested as specified in subsection (9) of this section.

(b) Loss of gloss on the protective finish of fiberglass or wood ladders, signifying damage or wear.

(5) Any sign of damage or defect during a visual inspection ((shall))must be cause to remove the ladder from service until it has been repaired. Scratches and dents ((shall))must not be cause for a ladder to fail a test if it passes the appropriate service test.

(6) If the heat sensor label has an expiration date, and that date has passed, the heat sensor label ((shall))must be replaced.

(7) Whenever any ground ladder has been exposed, or is suspected of having been exposed to direct flame contact, or wherever the heat sensor label has changed to indicate heat exposure, the ladder ((shall))must be service tested according to subsection (9) of this section.

(8) Temporary repairs ((shall))must not be made to ground ladders.

(9) When ground ladders are tested, they ((shall))must be tested in accordance with the strength service testing procedures of the 2004 edition of NFPA 1932, Standard on Use, Maintenance and Service Testing of In-Service Ground Ladders, section 7.2.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-06008Electrical.

(1) Temporary power and lighting with the use of 110 - 120 VAC and 220 - 240 VAC equipment.

(a) All lighting equipment ((shall))must be provided with heavy duty flexible cords with SO or SJ jackets or equivalent. All lighting equipment ((shall))must be used with heavy duty flexible extension cords rated for the intended load with SO or SJ jackets or equivalent.

(b) Flexible cords and cables ((shall))must be approved and suitable for conditions of use and location.

(c) Flexible cords ((shall))must be used only in continuous lengths without splice or tap. Hard service flexible cords No. 12 or larger may be repaired if spliced so that the splice retains the insulation, outer sheath properties, and usage characteristics of the cord being spliced.

(d) Flexible cords ((shall))must be connected to devices and fittings so that strain relief is provided which will prevent pull from being directly transmitted to joints or terminal screws.

(e) Flexible cords and cables ((shall))must be protected from accidental damage. Sharp corners and projections ((shall))must be avoided. Where passing through doorways or other pinch points, flexible cords and cables ((shall))must be provided with protection to avoid damage.

(f) The path to ground from power cords, equipment, and temporary lights ((shall))must be continuous.

(g) Electrical equipment, tools, and temporary lights that are used in wet or damp locations or other hazardous atmospheres ((shall))must be approved for the purpose.

(h) Electrical equipment, tools, and temporary lights ((shall))must be constructed so that water cannot enter or accumulate in wireways, lampholders or other electrical parts.

(i) Electrical equipment, tools, and temporary lights that are used in wet or damp locations or hazardous atmospheres ((shall))must have 120 VAC single-phase 15 or 20 amp in-line resettable ground fault circuit interrupters.

(j) Temporary lights ((shall))must be equipped with a handle and be insulated from heat and possible electrical shock.

(k) Temporary lights ((shall))must not be suspended by their electrical cords unless cords and lights are designed and labeled for this means of suspension.

(l) Temporary lights ((shall))must be protected by guards of a nonconductive or insulated material to prevent accidental contact with the bulb.

(2) 120 VAC cord reels ((shall))must be approved for use in wet or damp locations or hazardous atmospheres.

(a) Bodies and caps ((shall))must be weather tight, 15 amp rated at 120 VAC.

(b) Cords on cord reels that do not exceed one hundred fifty feet in length ((shall))must be SO or SJ type jackets or equivalent.

(d) Cord reels that are not permanently mounted on a vehicle ((shall))must be insulated from the ground when in use.

(3) 12-volt portable type hand lanterns ((shall))must be constructed of molded composition or other type approved for the purpose.

(a) Portable hand lanterns used in wet or damp conditions or other hazardous atmospheres ((shall))must be operated at a maximum of 12 volts.

(b) Hand lamps ((shall))must be equipped with a handle and a substantial guard over the bulb and attached to the lampholder.

(4) Portable and vehicle-mounted generators.

(a) Portable generators. Under the following conditions, the frame of a portable generator ((shall))is not ((be)) required to be grounded and ((shall))must be permitted to serve as the grounding electrode for a system supplied by the generator:

(i) The generator supplies only equipment mounted on the generator or cord-connected and plug-connected equipment through receptacles mounted on the generator, or both; and

(ii) The noncurrent-carrying metal part of equipment and the equipment grounding conductor terminals of the receptacles are bonded to the generator frame.

(b) Vehicle-mounted generators. Under the following conditions, the frame of a vehicle may serve as the grounding electrode for a system supplied by a generator located on the vehicle:

(i) The frame of the generator is bonded to the vehicle frame;

(ii) The generator supplies only equipment located on the vehicle and/or cord-connected and plug-connected equipment through receptacles mounted on the vehicle or on the generator; and

(iii) The noncurrent-carrying metal parts of equipment and the equipment grounding conductor terminals of the receptacles are bonded to the generator frame.

(5) Electrical equipment used in classified locations must conform to the requirements set out in WAC ((296-24-95613))296-24-95711, Hazardous (classified) locations. Definitions pertaining to classified locations can be found in WAC ((296-24-95601))296-24-990.

Additional references: Article 250 National Electrical Code. Chapter 296-24 WAC, Part L and WAC 296-800-280.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-06503General requirements.

(1) Stations and administrative offices ((shall))must comply with the requirements of the general occupational health standards, WAC 296-800-210, Lighting in the workplace.

(2) Every new fire station, whether manned or unmanned, ((shall))must be equipped with an approved emergency lighting system that will light dormitories, hallways, and apparatus bay areas in case of electrical power failure.

(3) New fire stations or new additions to an existing fire station that incorporate sliding poles or slides in their design or construction must meet the following requirements:

(a) The sliding pole floor opening will be enclosed by walls with access provided to the floor opening only through a door.

(b) The door will have a latch or knobs no lower than five feet from the floor.

(c) The door will be equipped with a system that will automatically keep the door locked unless an alarm requiring a response sounds in the fire station. This automatic lock system will allow for a manual override, which will be used only to enable inspection, maintenance, repair or replacement of the sliding pole, the enclosure, the door, or other features of the sliding pole system. The automatic lock system will feature a warning light above or adjacent to the door that will indicate when the door is unlocked.

(d) Permanent illumination which cannot be manually turned off will be provided in the pole hole.

(e) The automatic lock system will be subject to monthly inspections.

(f) The sliding pole floor opening will be illuminated constantly in a manner that cannot be overridden manually, except as needed for inspection, repair, maintenance, or replacement.

(g) The bottom of the sliding pole will be cushioned by a minimum three-foot diameter rubber mat or its equivalent.

(h) Nothing will be stored or placed at the bottom of the sliding pole for a radius of three feet from the pole.

(i) Doors will not protrude within three feet of the pole.

(j) Proper sliding pole use will be included as part of the formal firefighter training program.

(4) The requirements of chapter 296-878 WAC, window cleaning, ((shall))must be followed when employees are engaged in window washing operations.

(5) All new fire stations and other new fire department facilities which contain sleeping quarters ((shall))must be fully protected with automatic sprinkler systems.

(6) All existing fire stations and existing fire department facilities with sleeping quarters, that undergo a major renovation that consists of more than sixty percent of the assessed evaluation of the existing structure ((shall))must be fully protected with automatic sprinkler systems.

(7) Eye protection ((shall))must be worn when charging, changing or adding fluid to storage batteries. Personnel that will be charging storage batteries ((shall))must be qualified to perform this function by the employer. See WAC 296-800-16050.

(8) Stairway tread ((shall))must be of a nonskid design. Examples of nonskid: Grip strut grating, serrated edge grating, metal grating, aluminum safety tread, abrasive metal stair tread, or pressure sensitive nonskid type.

(9) In existing facilities where sliding poles or slides are used, the pole or slide hole ((shall))must be guarded in such a manner as to prevent anyone from walking directly into the pole or slide hole opening.

(10) To absorb the shock to sliding employees, the bottom of all slide poles or slides ((shall))must have a three-foot diameter cushioned rubber mat, or its equivalent.

(11) Nothing ((shall))must be stored or placed at the bottom of a pole or slide hole for a radius of three feet from the pole. Doors ((shall))must not protrude within three feet of the pole or slide.

(12) Stair and landing protection: Stairways, guardrails, landings, and handrails ((shall))must be constructed to the requirements of chapter 19.27 RCW the State Building Code Act, and WAC 296-800-250.

(13) A standard guard railing for a landing platform ((shall))must include a toeboard, which is a vertical barrier, at floor level erected along exposed edges of a floor opening, wall opening, platform, runway or ramp to prevent falls of material.

(14) Any new facility, or addition, alteration, or repair to an existing facility ((shall))must be in compliance with chapter 19.27 RCW, the State Building Code Act.

(15) New stations containing a kitchen, and station kitchens remodeled after the date of this chapter, ((shall))must have an alarm activated service disconnect of fixed cooking appliances.

(16) Asbestos in facilities, buildings, and properties used by fire departments.

(a) Fire department employees ((shall))must be informed of the presence and location of asbestos-containing material (ACM) and presumed-asbestos-containing material (PACM) in areas of buildings where employees work.

(b) Damaged and deteriorating asbestos in fire stations and facilities must be repaired, removed, enclosed or encapsulated.

(d) WAC 296-62-07723, Housekeeping, ((shall))must apply to fire stations and facilities.

(e) Fire departments that do not comply with this section must comply with the requirements relating to asbestos set out in chapters 296-62 and 296-65 WAC.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-06505Sanitation, disinfection, cleaning, and storage areas.

(1) Fire departments ((shall))must provide facilities for disinfecting, cleaning, and storage.

(2) A designated cleaning area ((shall))must be provided for under the fire department's exposure control plan for the cleaning and disinfecting of protective equipment, portable equipment, and other clothing.

(a) Fire departments that engage in emergency medical operations ((shall))must provide or have access to disinfecting facilities for the cleaning and disinfecting of emergency medical equipment.

(b) Disinfecting ((shall))must not be conducted in fire station kitchen, living, sleeping, or personal hygiene areas.

(c) Disinfecting facilities in fire stations ((shall))must be vented to the outside environment, and designed to prevent contamination of other fire station areas.

(d) The disinfecting facility ((shall))must contain a sink with hot and cold water faucets. All surfaces ((shall))must be nonporous surfaces.

(e) Handwashing facilities ((shall))must be readily accessible to members. Handwashing facility means a facility providing an adequate supply of running potable water, soap and single use towels or hot air drying machines. When provision of handwashing facilities is not feasible, the employer ((shall))must provide either an appropriate antiseptic hand cleaner in conjunction with clean cloth/paper towelettes or antiseptic towelettes.

(3) Protective clothing or equipment that is contaminated or potentially contaminated ((shall))must not be allowed in any kitchen, living, sleeping, personal hygiene or other nonwork area.

(4) The designated cleaning area ((shall))must be physically separate from areas used for food preparation, cleaning of food and cooking utensils, personal hygiene, sleeping, and living areas.

(5) Drying areas for protective clothing ((shall))must be well ventilated.

(6) Storage areas: Emergency medical supplies and equipment stored in fire stations, other than that stored on vehicles, ((shall))must be stored in a dedicated enclosure and maintained per manufacturer's instructions.

(7) Reusable emergency medical supplies and equipment, protective clothing, and protective equipment ((shall))must not be stored in kitchen, living, sleeping, or personal hygiene areas, nor ((shall))must it be stored in personal clothing lockers.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-06507Sleeping areas.

(1) All sleeping areas in fire stations ((shall))must be separated from vehicle storage areas by at least one-hour fire resistive assemblies.

(2) Sleeping areas ((shall))must be protected by smoke and carbon monoxide detectors.

AMENDATORY SECTION(Amending WSR 96-11-067, filed 5/10/96, effective 1/1/97)

WAC 296-305-06509Apparatus areas.

(1) Three feet of clearance ((shall))must be maintained around apparatus parked within the station where the station's width permits.

(2) All fire stations built after December 17, 1977, ((shall))must have a minimum of three feet of clearance around the apparatus, which ((shall))must be maintained free of any storage or obstruction.

(3) The station's apparatus floors ((shall))must be kept free of grease, oil, water and tripping hazards.

(4) Floors ((shall))must have slip-resistant surfaces on areas where personnel would normally mount or dismount apparatus.

(5) No Class I or Class II flammable liquids ((shall))must be used for cleaning purposes to remove grease or dirt from apparatus.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-06511Indoor air quality.

Air quality ((shall))must be consistent with chapter 296-841 WAC, Airborne contaminants, and WAC 296-800-240, Environmental tobacco smoke.

(1) If indoor air monitoring indicates over-exposure to contaminant ((PEL's))PELs, engineering controls ((shall))must be utilized to reduce firefighter exposure to the lowest feasible level.

(2) All fixed internal combustion equipment such as, but not limited to emergency generators, ((shall))must be effectively exhausted to the exterior of the fire stations.

(3) All facilities dedicated to the maintenance and repair of internal combustion equipment ((shall))must have means for effective ventilation to the exterior of the building.

(4) All new fire stations ((shall))must be designed and constructed to conform to ACGIH ventilation recommended criteria for exhaust of internal combustion engines.

Additional reference: Industrial Ventilation Manual of Recommended Practices ISBN No.: 0-936712-65-1.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-06513Refueling areas.

(1) Refueling pumps, if installed, ((shall))must be in accordance with the provisions of the International Fire Code and WAC 296-24-33015.

(2) Dispensing of Class 1 liquids ((shall))must be as required in the International Fire Code.

(3) Spillage of oil or fuel ((shall))must be properly disposed of or completely evaporated and the fuel tank cap replaced before restarting engine.

(4) Fueling areas ((shall))must be posted - "NO SMOKING - STOP YOUR MOTOR."

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-06515Hose drying towers.

(1) The floor openings on hose tower platforms ((shall))must be equipped with a forty-two inch guardrail with ((mid-rail and shall))midrail and must be capable of withstanding a force of 250 pounds applied in any direction at any point on the top rail. The work platform ((shall))must be equipped with toeboards.

(2) The requirements for offset ladder platforms and ladder cage guards, when ladders extend beyond twenty feet, ((shall))must apply to hose drying towers.

(3) Ropes and attachments used to hoist hose in the hose towers ((shall))must have a breaking strength of 1500 pounds for a safe load strength of 300 pounds (five-to-one safety factor).

(4) Approved head protection ((shall))must be worn by all persons in the hose tower whenever hose handling/hanging operations are taking place.

(5) Ropes utilizing a pulley block ((shall))must be appropriately sized for the sheave to prevent possible jamming or damage to the rope.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-06517Drill tower training facilities.

(1) Permanent fixed ladders on the outside of drill towers and drill buildings are exempt from the requirements of offset platform landings and ladder cage guards.

(2) Drill tower construction and operations ((shall))must comply with the following:

(a) Burn buildings used for live fire training ((shall))must be engineered for such use.

(b) Drill towers ((shall))must not be used for live fire training except when burn rooms are provided.

(d) All walking surfaces in the drill tower ((shall))must be slip resistant.

(e) Railings ((shall))must be designed with a four-to-one safety ratio for 250 pound firefighters who may be operating a charged hose line on the fire escape.

(f) Rappelling anchors ((shall))must be engineered to support 5000 pounds per person supported by the anchor.

(g) Rappelling anchors ((shall))must be readily identifiable.

(h) Rappelling anchors ((shall))must be certified by a structural engineer.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-06519Fire station equipment and tools.

(1) Equipment and tools in maintenance shops ((shall))must be guarded as required by the guarding provisions of chapter 296-806 WAC, Machine safety, and chapter 296-807 WAC, Portable power tools.

(2) Exposure of fan blades. When the periphery of the blades of a fan is less than ten feet above the floor or working level, the blades ((shall))must be guarded. The guard ((shall))must have openings no larger than one-half inch. This provision ((shall))does not apply to residential ceiling fans.

(3) Abrasive wheels and grinders.

(a) All abrasive wheels and grinders, ((shall))must be guarded as required by chapter 296-806 WAC, Machine safety.

(b) Goggles or face shields ((shall))must be used when grinding.

(d) Work rests on bench mounted abrasive wheel grinders ((shall))must be used to support the work. These ((shall))must be of rigid construction and designed to be adjustable to compensate for wheel wear. Work rests ((shall))must be kept adjusted sufficiently close to the wheel with a maximum opening of one-eighth inch to prevent the work from being jammed between the wheel and the rest. Adjustment of the work rest ((shall))must not be made while the wheel is turning.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-07001Wildland fire operations.

Definitions:

Urban wildfire((:)). An uncontained fire requiring suppression action usually spreading through ground cover, vegetative fuels, brush, grass, and landscaping; often threatening residential and commercial structures within an urban environment with access to established roadways and water systems.

Wildland firefighting((:)). The activities of fire suppression and property conservation in woodlands, forests, grasslands, brush, and other such vegetation or any combination of vegetation that is involved in a fire situation but is not within buildings or structures.

(((1)))(a) WAC 296-305-07010 through 296-305-07018 ((shall))must only apply to personnel and agencies called on to provide services at any fire defined as a "wildland fire."

(((2)))(b) Employers ((shall))must provide, at no cost to the employee, the protective equipment and protective clothing required by this chapter. Personnel performing suppression actions on a wildland fire ((shall))must wear and maintain the provided protective equipment and clothing as directed by their department's procedures and guidelines.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-07002Wildland fire personnel accountability.

(1) Urban wildfire and wildland firefighters ((shall))must not be required to wear personal alerting devices except when wearing self-contained respiratory equipment.

(2) An officer ((shall))must maintain positive communication with any individual during those times that the member is assigned an ancillary firefighting task (examples would include, but are not limited to, scout, incident safety officer, or lookout).

(3) Urban wildfire and wildland firefighters engaged in direct fire attack ((shall))must work in teams of two or more unless they are in visual or voice contact with an officer.

(4) On initial attack fires, the incident commander ((shall))must maintain the name and location of all personnel on the incident.

(5) On extended attack fires, the incident commander ((shall))must:

(a) Ensure the maintenance of the name and location of all personnel within their unit, division, or branch.

(b) Transfer/confirm personnel and unit information to the appropriate incident command system (ICS) staff as soon as possible.

(d) Ensure that personnel and unit information is recorded in the command post as soon as possible.

(6) When a fire "blows up" or makes a run that crosses planned control lines, officers with affected crews ((shall))must conduct an accounting of all personnel assigned to fire suppression and report any missing personnel to the incident commander.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-07004Heat-related illness prevention for wildland firefighters.

(1) At all wildland fires, members ((shall))must be provided with a minimum of one quart per hour of electrolyte drinks or potable water.

(2) Officers at wildland fires ((shall))must be trained in the symptoms of heat-related disorders and ((shall))must observe their crews for such behavior. Appropriate action ((shall))must be taken in the event a crew member displays such symptoms.

(3) At all wildland fires, the incident commander ((shall))must consider the circumstances of the incident and make adequate provisions early in the incident for the rest, rehabilitation and hydration of all members operating at the scene. These provisions ((shall))must include fluid replenishment; other factors to consider are the extremes of the climatic conditions and other environmental factors that increase the firefighter's heat stress.

(4) One hour is the maximum time that individuals can work in high temperatures in structural protective clothing. Agencies may substitute crews to avoid the one-hour bench mark or increase crew size to complete the job in less than one hour.

(5) Members may be reassigned to return to duty throughout the incident cycle once a work-to-rest ratio (company and crew) rehabilitation rotation has been established.

Note:

WAC 296-305-05004, Occupational exposure to heat and cold stress, may be of assistance while developing a plan, establishing training topics, and identifying environmental factors to consider for incident rehabilitation. The 2008 edition of NFPA 1584, Standard on the Rehabilitation Process for Members During Emergency Operations and Training Exercises may also assist in establishing a rehabilitation plan.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-07006Equipment for wildland firefighting.

Note:

Equipment is considered in this section as those items not configured as a part or portion of the vehicle body.

(1) All equipment on an apparatus ((shall))must be carried in an enclosed compartment or otherwise securely mounted on the apparatus and guarded, so that individuals cannot accidentally come in contact with equipment that may injure them.

(2) All hand tools, when not in use, ((shall))must have appropriate covers and guards to prevent injury.

(3) Firefighters whose duties require them to operate a power chain saw ((shall))must wear flexible ballistic nylon pads, sewn or otherwise fastened into the trousers, or other equivalent protection that ((shall))must cover the full length of the thigh to the top of the boot. Additional trouser, eye, hearing, face and head protection as required by this chapter ((shall))must be worn.

(4) Employees ((shall))must not use the chainsaw to cut directly overhead, or at a distance that would require the operator to relinquish a safe grip on the saw.

(5) Only personnel trained in firing equipment ((shall))must handle and use such equipment, and observe the manufacturers' recommendations.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-07008Aircraft operations for fighting wildland fires.

(1) Whenever fixed wing and rotary aircraft are being utilized on an incident, personnel trained in air operations management ((shall))must be assigned as necessary by the incident commander/operations section chief.

(2) Prior to the initiation of air operations, all personnel operating in close proximity to an air drop ((shall))must be notified of such activity.

(3) Personnel ((shall))must not intentionally operate in an area where it can reasonably be expected that they may be hit with retardants or suppressants from fixed wing or rotary aircraft.

(4) Radio communications ((shall))must be maintained between an aircraft/air attack group supervisor and the appropriate ground officer.

(5) Personnel assigned to ride in fixed wing or rotary aircraft ((shall))must be briefed in the correct approach, riding and off-loading procedures for the particular type of aircraft.

Note:

The NWCG aircraft passenger briefing/checklist can be found in the "Incident Response Pocket Guide" at http://www.nwcg.gov/pms/pubs/IRPG_Jan2004.pdf

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-07010Training for wildland firefighting.

(1) This section ((shall apply))applies to all personnel and agencies called on to provide services at any fire defined as a "wildland fire."

(2) This section ((shall))does not apply to structural suppression crews' actions taken on urban wildfires.

(3) Suppression personnel assigned to a wildland fire ((shall))must be trained to a NWCG firefighter level II or a comparable class of training.

(a) "Comparable" training ((shall))must be determined by the employer.

(b) Nothing in this section ((shall))will preclude the use of local residents, affected parties or contracted firefighting resources to suppress wildland fires if they are under the direct supervision of a qualified fire line officer.

(4) Supervisory personnel ((shall))must be trained to a level commensurate to the position and responsibility they are to assume.

(5) All personnel ((will))must be trained and capable of demonstrating competency in utilizing the Incident Command System (ICS).

(6) All suppression personnel ((shall))must annually review the ten fire orders, the eighteen "watch out" situations, and the four common denominators of tragedy fires.

Note:

The National Interagency Fire Center's "Wildland Fire Safety Training Annual Refresher (WFSTAR)" is a good resource for training topics related to wildland firefighting. These resources can be found at http://www.nifc.gov/wfstar/index.htm

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-07012Personal protective clothing and equipment for wildland firefighting.

(1) Protective apparel and equipment for wildland firefighters ((shall))must be designed to provide thermal protection for the firefighters against external heat sources with flame resistant clothing and equipment without creating high heat stress loads due to the prolonged work periods they experience. Members performing suppression on a wildland fire ((shall))must wear a provided protective clothing ensemble as directed by their employer. The combined protective clothing ensemble includes:

(a) Hardhat/helmet;

(b) Upper and lower torso clothing;

(d) Goggles.

The 2005 edition of NFPA 1977, Standard Protective Clothing and Equipment for Wildland Firefighting, ((shall))must serve as a guideline for determining performance characteristics of this clothing.

Note:

This requirement does not apply to logging company employees whose primary job duty is not fire suppression, but are called upon to fight a wildland fire they discover.

(2) As a minimum, members ((shall))must wear provided leather lace-up boots of sturdy construction which ((shall))must extend upward a minimum of eight inches above the top of the sole to the lowest point of the top of the boot. The sole of the boot ((shall))must be slip resistant.

(3) Additional personal protective equipment to be provided and worn ((shall))must include a fire shelter as directed by the incident commander. Persons provided fire shelters ((shall))must be trained in their use and ((shall))must receive refresher training at least annually.

(4) Wildland protective clothing ((shall))must comply with this standard.

(5) Personnel operating Type 1 or Type 2 engines assigned to structural protection ((shall))must carry structural firefighting ensembles for each firefighter on their assigned apparatus.

(6) Wildland personnel protective clothing ((shall))must not be used for interior structural firefighting.

(7) Personnel wearing full structural firefighting clothing while engaged in fighting wildland fires ((shall))must not expend more than one hour before rotating to rest and rehabilitation. Agencies may rotate crews to avoid the one-hour benchmark when containing and controlling wildland fires.

(8) Fire departments ((shall))must establish written procedures for the care, use, maintenance, and retirement criteria for wildland firefighting protective equipment in conjunction with the manufacturers' recommendations.

(9) Fire departments ((shall))must establish written procedures for the use of protective clothing and protective equipment while performing wildland firefighting activities.

(10) All wildland fire shelters purchased after the effective date of this rule must meet or exceed the United States Forest Services' Missoula Technology and Development Center (MTDC) design criteria and performance requirements for "new generation fire shelters."

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-07014Apparatus standards for wildland firefighting.

This section applies to wildland fire apparatus meeting the NIMS ICS typing of a Type 3 through Type 7 engine, and intended for use combating fires occurring in natural vegetation or occurring in natural vegetation and threatening improvements.

(1) In a wildland fire, an engine may provide the primary protection for a crew in the event of unexpected fire behavior or an action that places the engine crew in a position of being exposed to heat and smoke.

(2) Apparatus speed ((shall))must be determined to be safe if in the judgment of the officer in charge, the following are taken into consideration:

(a) The particular wildland fire attack methods being utilized including, but not limited to, the nature of the fire, the type of terrain, weather conditions, equipment conditions, and whether personnel are positioned in wildland firefighting enclosures;

(b) The forgoing provision ((shall not))does not relieve a driver from the duty to drive with due regard for the safety of all persons in all conditions;

(c) Nor ((shall))does such provision protect the driver from the consequences of ((his/her))their reckless disregard for the safety of others.

(3) Because of the sheltering offered by an engine, the following minimum standards ((shall))must be complied with:

(a) The number of individuals working/assigned as an engine crew ((shall))must not exceed the manufacturer's cab capacity.

(b) Any time an engine is moved when not directly attacking a fire, personnel ((shall))must ride in the vehicle's enclosed cabin area, in a seat-belted location, or be off the vehicle.

(c) Any time engines are used in a mobile attack configuration, and personnel other than the driver are on the apparatus, personnel ((shall))must ride in the manufacturer's enclosed cabin, or use the personnel restraints and enclosures identified in WAC 296-305-07018.

(d) All personnel working on or around engines in a ground mobile attack mode or in riding positions ((shall))must have visual or voice contact with the driver.

(e) Vehicles operating in smoke or dust ((shall))must have their headlights, and if so equipped, a flashing or rotating roof light illuminated.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-07016Falling and equipment in forest lands.

(1) The employer must assign work areas so that:

(a) Trees cannot fall into an adjacent occupied work area;

(b) The distance between work areas is at least two tree lengths of the trees being fell (see Figure 1: Distance Between Work Areas);

(c) The distance between work areas reflects the degree of slope, the density of the growth, the height of the trees, the soil structure and other hazards reasonably anticipated at the worksite; and

(d) A distance of more than two tree lengths is maintained between work areas on any slope where rolling or sliding of trees or logs is reasonably foreseeable.

Exception:

This rule does not apply to a team of cutters working on the same tree.

(2) Before falling or bucking, conditions such as, but not limited to, the wind, the lean of tree, dead limbs, and the location of other trees, must be evaluated by the cutter and precautions taken so a hazard is not created for an employee.

(3) Employees must not approach a cutter closer than two tree lengths of trees being felled until the cutter has acknowledged that it is safe to do so.

(4) A competent person, properly experienced in this type of work, must be placed in charge of falling and bucking operations. Inexperienced workers must not be allowed to fall timber, buck logs or windfalls unless working under the direct supervision of an experienced cutter.

(5) Before an employee falls or bucks any tree:

(a) A sufficient work area must be swamped.

(b) The cutter must plan and clear an escape path.

(i) The escape path must extend diagonally away from the expected felling line unless such an escape path poses a greater hazard than an alternate escape path.

(ii) An escape path must be used as soon as the tree or snag is committed to fall, roll, or slide.

(6) If a cutter has determined a tree cannot be safely fell, the work must stop until the cutter has conferred with a supervisor or an experienced cutter and determined the safest possible work method or procedure.

(7) The person in charge of cutting crews must regularly inspect the work of the cutting crews and is responsible to ensure the work is performed in a proper and safe manner.

(8) All cutters must carry or have in near proximity at all times:

(a) An axe or suitable tool for driving wedges.

(b) A minimum of two wedges.

(9) Where felled trees are likely to roll and endanger workers, cutting must proceed from the bottom toward the top of the slope, and uphill from previously fell timber.

(10) A cutter must not be placed on a hillside immediately below another cutter or below other operations where there is probable danger.

(11) Cutters must be informed of the movement and location of other employees placed, passing, or approaching the vicinity of trees being fell.

(12) Trees must be fell into the open whenever conditions permit.

(13) Domino falling of trees, including danger trees, is prohibited. Domino falling does not include the falling of a single danger tree by falling another single tree into it.

(14) Undercuts large enough to safely guide trees and eliminate the possibility of splitting must be used on all trees over six inches diameter at breast height.

(15) A cutter must place an adequate undercut and leave enough holding wood to ensure the tree will fall in the intended direction.

(16) The two cuts that form the undercut must not cross where they meet.

(17) The undercut must not be made while other workers are in an area into which the tree could fall.

(18) A backcut must be made in each tree being fell.

(a) The backcut must be as level as possible;

(b) The backcut must leave enough hinge wood to hold the tree to the stump during most of its fall so that the hinge is able to guide the tree's fall in the intended direction; and

(19) Trees with facecuts and/or backcuts must not be left standing unless all the following conditions are met:

(a) The cutter clearly marks the tree;

(b) Discontinues work in the hazardous area;

(d) Takes appropriate measures to ensure that the tree is safely fell before other work is undertaken in the hazardous area.

(20) Undercuts and backcuts must be made at a height above the highest ground level to enable the cutter to safely begin the cut, control the tree, and have freedom of movement for a quick escape from a falling tree.

(21) Lodged trees must be clearly marked and identified by a predetermined method and all persons in the area must be instructed not to pass or work within two tree lengths of the trees except to ground them.

(22) On slopes over fifty percent grade, tree(s) must at least be quartered to a degree that prevents employees from being exposed to the possibility of sliding or rolling trees or logs.

(23) Each danger tree must be carefully checked for signs of loose bark, broken branches and limbs, or other damage before they are fell or removed. Accessible loose bark and other damage that may create a hazard for an employee must be removed or held in place before falling or removing the tree. When a danger tree has elevated loose bark that cannot be removed, the buddy system must be used to watch for and give warning of falling bark or other hazards.

(24) Danger trees that are unsafe to cut must be blown down with explosives or fell by other safe methods.

(25) To avoid use of wedges, which might dislodge loose bark or other material, danger trees must be fell in the direction of lean unless other means (mechanical or dynamite) are used.

(26) All bosses and supervisors must survey their assigned work area for danger trees and mitigate them prior to crews commencing work in that area.

Definition.

Danger trees((:)).Any tree of any height, dead or alive, that presents a hazard to workers because of rot, root, stem or limb damage, lean, or any other observable condition created by natural process or man-made activity.

(27) All fallers and faller bosses must be trained in the type of timber they will be falling prior to being assigned to a falling crew.

(28) All dozers, tractors, and similar machines in use where limbs or brush may injure the operator must be guarded as follows:

(a) Shear or deflector guards must be installed on each side of the vehicle at an angle leading forward and down from the top front edge of the canopy of the vehicle, which will tend to slide the brush or limbs up and over the top of the canopy.

(b) Open mesh material with openings of a size that will reject the entrance of an object larger than one and three-quarter inches in diameter, must be extended forward as far as possible from the rear corners of the cab sides to give the maximum protection against obstacles, branches, etc., entering the cab area.

(d) Deflectors must be located so as not to impede entrance to or exit from the compartment area.

(e) The floor and lower portion of the cab must be completely enclosed with solid material, except at entrances, to prevent the operator from being injured by obstacles which otherwise could enter the cab compartment.

(29) All dozers used on terrain that has sufficient slope or of such material as to hinder the movement of the dozer must have an attached winch or drum line that is in good working order. When such a situation is encountered, the dozer assistant must be knowledgeable in the operation of the dozer, winch or drum line operations, the hazards associated with winching or drum line operations, and line anchor selection.

(30) Operators must operate and control their machines in a safe manner and avoid operations in areas where machine stability may not be maintained.

(31) Employee work areas must be spaced and employee duties organized so the actions of one employee do not create a hazard for any other employee.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-07018Occupant restraints and enclosures for wildland firefighting.

(1) While in motion, the driver and passengers in the cab ((shall))must wear seat belts.

(2) Seat belts ((shall))must comply with the U.S. Department of Transportation, Part 49 C.F.R., Section 571, Standards 209 and 210.

(3) Passengers on wildland vehicles ((shall))must use a safety belt or a short lanyard securely connected to the apparatus.

(a) Safety belts or lanyards ((shall))must be secured to an anchorage or structural member capable of supporting a minimum dead weight of one thousand five hundred pounds per person or a 4:1 safety factor.

(b) Safety lanyard lengths ((shall))must not allow for the firefighter to reach the ground.

(4) Safety belts ((shall))must be constructed and maintained in compliance with ANSI A10.14-1975.

(5) Lanyards ((shall))must be a minimum of one-half inch nylon or equivalent with a nominal breaking strength of five thousand four hundred pounds.

(6) The structural components for wildland vehicle enclosures ((shall))must be constructed of metal tubing not less than one inch in diameter, capable of supporting a minimum of one thousand five hundred pounds per person, a 4:1 safety ratio or the equivalent. This applies to vehicle enclosures manufactured after the effective date of this chapter.

(7) The enclosure ((shall))must be constructed to a minimum toprail height of forty-two inches and ((shall))must include a midrail and either a toeboard at least four inches high or a bottom rail a maximum of six inches from the platform.

(8) Access door(s) and latching mechanisms to tail board enclosures ((shall))must be constructed and mounted to achieve structural integrity comparable to the remainder of the enclosure.

(9) A strap or butt-bar utilized for the fourth side of the enclosure ((shall))must be a minimum of a four-inch nylon strap capable of supporting one thousand five hundred pounds dead weight.

(10) While actively fighting a fire in the mobile attack mode, firefighters ((shall))must either remain in a three-sided enclosure and use a safety lanyard, or remain in a four-sided enclosure.

AMENDATORY SECTION(Amending WSR 13-05-070, filed 2/19/13, effective 1/1/14)

WAC 296-305-08000Appendices.

These appendices are nonmandatory and are included for reference and information purposes only.

Appendix B—Nonmandatory: Life safety ropes. (1) Life safety rope may be significantly weakened by abrasion, misuse, contamination, wear, and stresses approaching its breaking strength, particularly impact loading. Since there are no approved methods to service test a rope without compromising its strength, rope rescue and training operations should be carefully observed and monitored for conditions that could cause immediate failure or result in undetectable damage to the rope.

(2) If a rope has been used in a situation that could not be supervised or where potential damage may have occurred, it must be removed from service and destroyed.

(3) It is important that ropes be inspected for signs of wear by qualified individuals after each use. If indication of wear or damage are noted, or if the rope has been stressed in excess of the manufacturer's recommendation or impact loaded, it must be destroyed.

(4) The destruction of the rope means that it must be removed from service and altered in such a manner that it could not be mistakenly used as a life safety rope. This alteration could include disposing of the rope, or removal of identifying labels and attachments, and cutting the rope into short lengths that could be used for utility purposes.

(5) The assignment of "disposable" life safety ropes to members or to vehicles has proved to be an effective system to manage ropes that are provided for emergency use and are used infrequently. Special rescue teams, which train frequently and use large quantities of rope, should include members who are qualified to manage and evaluate the condition of their ropes and determine the limitations upon their reuse.

Appendix C—Nonmandatory: Decontamination. (1) A decontamination area should be established whenever civilians or fire department personnel have had known or suspected exposure to toxic chemicals.

(2) Such decontamination areas should be established before any personnel are allowed to enter the "Hot" zone.

(3) The decontamination area should be set up using the following guidelines:

(a) The decontamination area should be located uphill, upwind and at a right angle to the "Hot" zone.

(b) The decontamination area entry/exit point and boundaries should be clearly marked using flagging tape, ropes, cones, etc.

(4) 4 to 6 mil poly sheeting should be spread on the ground in the decontamination area to control runoff.

(5) The decontamination process is divided into stations. In most cases it will not be necessary to utilize all the stations. The decision to use all or part of the stations should be based on the following factors:

(a) The hazards associated with the product involved.

(b) The estimated levels of contamination.

(d) Recommendations from outside sources such as, but not limited to CHEMTREC, the agency for toxic substance and disease registry, poison control centers or the manufacturer of the product.

(6) The following is a list of all the stations in a nine-step decontamination area set up for a worst case scenario involving a hazardous materials response team member whose chemical suit has been breached:

(a) Station #1 - Segregated equipment drop: Contaminated equipment that will be used again in the "Hot" zone, disposed of, or decontaminated at a later time or place, will be deposited here.

(b) Station #2 - Wash/rinse: Entry personnel will be washed with appropriate decontamination solution and rinsed with water by attendant(s) to remove gross contamination. This station may consist of multiple wash/rinse steps depending on the severity of the hazards involved.

(c) Station #3 - Outer protective clothing removal: Attendant(s) will remove the outer protective clothing from entry personnel being cautious to avoid touching the inside of the suit while removing it. Protective clothing that has been removed at this step ((shall))must be placed in an overpack or other appropriate container for later testing and further decontamination, if needed.

(d) Station #4 - Removal of SCBA: The entry personnel are assisted in removing their SCBA by an attendant. The SCBA facepiece should be left in place and the low pressure hose held away from any potentially contaminated inner clothing.

(e) Station #5 - Removal of inner clothing: All clothing worn inside the suit must be removed in cases where the suit has been penetrated and the entry personnel are contaminated.

(f) Station #6 - Personal shower: Entry personnel should wash and rinse entire body with mild soap and water. Contain runoff water if possible, however this is an emergency situation and containment is secondary to removing contaminants from personnel.

(g) Station #7 - Drying off: Entry personnel that have showered should dry off using towels or whatever is available. Items used should be placed in an appropriate container for disposal. Emergency clothing such as disposable coveralls should be provided.

(h) Station #8 - Medical evaluation: Entry personnel should be evaluated by paramedics - checking vital signs including temperature and level of consciousness. Records of the evaluation must be kept and given to the team safety officer to be included in the members exposure records.

(i) Station #9 - Transport to emergency room: Any personnel exhibiting any signs or symptoms of exposure should be transported to the emergency room for evaluation and observation.

(7) The hazardous materials response team van should carry premeasured packets of decontamination solution mixes for the purpose of decontaminating chemical protective clothing and other equipment at the scene of a hazardous materials emergency. These solutions are not to be used to decontaminate turnouts or exposed skin under any circumstances.

(8) The primary solution used will be a simple detergent and water mixture. Other special decontamination solution mixes will only be used in those situations when it is determined that the detergent and water solution is inappropriate.

(9) Contaminated civilians that are exhibiting signs or symptoms of exposure should be treated as patients. Due to the risk of secondary contamination, all patients should undergo emergency field decontamination at the scene before being evaluated by medical personnel or being transported to the emergency room. Medical personnel should not accept any patient that has not been grossly decontaminated.

(10) The emergency field decontamination process should consist of removing the clothing from all affected body parts of the exposed person and flushing with copious quantities of water from a garden hose or low pressure one and three-quarter inch handline to remove gross contamination. Patients will be flushed for up to fifteen minutes, depending on the material recommendations on patient decontamination.

(11) Members performing patient decontamination should wear, at a minimum, full turnouts and SCBA and should avoid splashes and overspray to the extent possible. They should also undergo decontamination when they have finished decontaminating the patient.

(12) Containment of the runoff water from patient decontamination is not required. Do not delay decontamination of patients to set up containment. However, some form of privacy screen should be erected to protect the modesty of those being decontaminated.

(13) Responders that are contaminated in the process of performing rescue or other tasks will, at the minimum, be flushed with water for a minimum of one minute. Further flushing will be performed depending on the extent of contamination and subsequent adverse health effects.

Appendix D—Nonmandatory:

Appendix E—Nonmandatory: Standard apparatus operation communications.

When firefighters ride in the tiller's seat or other remote location, an electrical signal or voice communication should be installed between the tiller's seat, work station, and driver's compartment.

(1) These signals should be used between the driver and the firefighters:

(a) One long buzz means stop;

(b) Two buzzes mean forward;

(2) Before any of the above functions are undertaken, with the exception of stopping, the same signal must be both sent and received. The driver should not act without sending and receiving a confirming signal.

(3) When using hand signals, these signals are as follows:

STOP

Hold hand to the side, shoulder high, exposing palm to the driver. At night, hold hands in the same manner, with the addition of a flashlight in one hand shining at the driver. This will indicate an immediate STOP.

STOP

RIGHT OR LEFT

Point in the desired direction with one hand and motion in a circular "come-on" gesture with the other hand at the chest level. At night direct a flashlight beam at the hand pointing in the desired direction.

RIGHT OR LEFT

Point in the desired direction with one hand and motion in a circular "come-on" gesture with other at the chest level. At night, direct a flashlight beam at the hand pointing in the desired direction.

DIMINISHING CLEARANCE

At night, indicate in the same manner with the flashlight in the upper hands and beam directed at the palm of the other. On STOP, cover the flashlight beam with the hands.

DIMINISHING CLEARANCE

Hold the hands to one side of the body indicating the approximate amount of distance the apparatus is from the obstacle. Close hands accordingly as the driver slowly maneuvers the apparatus to point where the signal indicates immediate STOP. Always allow enough for divers reaction time. At night, indicate in the same manner with the flashlight in the upper hands and beam directed at the palm of the other. On STOP, cover the flashlight beam with the hands.

AHEAD OR BACK UP

Hold hand directly in front, chest high, fingers on hands directed toward one another, and motion in a circular "come-on" gesture. At night hold a flashlight in one hand and direct the beam toward the other.

AHEAD OR BACK UP

Hold hand directly in front, chest high, fingers on hands directed toward one another, and motion in circular "come-on" gesture. At night hold a flashlight in one hand and direct the beam toward the other.

AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-100Introduction.

The ((WISHA))safety and healthcore rules: Your foundation for a safe and healthful workplace. This book contains ((26)) basic safety and health rules that affect all employers and should cover almost everything small, nonmanufacturing employers need for a safe and healthful workplace. These core rules include requirements for your accident prevention program, personal protective equipment, first aid, and ((hazard communication program))basic electrical rules.

Note: You may need to comply with other ((WISHA))safety and health rules. For a complete list of ((WISHA))these rules((, see the resources section of this book))go to http://www.lni.wa.gov/Safety/Rules/Find/RuleName/.

((Why does workplace safety and health matter to you?

On average, two people lose their lives every week in job-related incidents in Washington state. Each year, more than 250,000 workers' compensation claims are accepted for work-related injuries and illnesses. Medical care and wage replacement for these injured workers costs more than a billion dollars. The indirect costs of workplace injuries are even larger in terms of lost quality of life, personal financial ruin, operating costs of business, and decreased profitability. Employers and employees who work together to identify and control hazards on the job can save lives and money while improving business and productivity.))

What are L&I, WISHA and ((WISHA))DOSH?

The department of labor and industries (L&I) is a state agency that provides many different services:

• The division of occupational safety and health (DOSH) is responsible for workplace safety and health, including inspections and enforcement, consultation, technical assistance, training, education and grants. (((WISHA)))

• Workers' compensation (or industrial insurance), including claims management, rate setting, medical payments, and research.

• Specialty compliance services, including contractor registration, electrical inspections, boiler and elevator inspections, apprenticeship programs and employment standards.

Many of these services are available from L&I's ((twenty-two)) regional offices (((see the resource section of this book for a list of regional offices))). Go to this web site for the most current list. http://www.lni.wa.gov/Main/ContactInfo/OfficeLocations/.

In 1973, the legislature passed the Washington Industrial Safety and Health Act ((or WISHA ())(WISHA) see Revised Code of Washington (chapter 49.17 RCW)(())). WISHA requires employers to provide safe and healthful workplaces for all employees. It gives L&I/DOSH the responsibility to establish and enforce workplace safety and health rules. These rules are the Washington Administrative Code (WAC).

How does ((WISHA))DOSH work?

The Washington Industrial Safety and Health Act (WISHA) covers nearly all employers and employees in Washington, including employees who work for the state, counties, and cities. L&I inspectors within DOSH enforce ((WISHA))safety and health rules by inspecting workplaces without advance notice including investigations of work-related deaths, injuries, and employees' complaints. When ((WISHA))DOSH inspectors find a violation in a workplace, they issue a citation to the employer and a penalty may be attached. If you have questions about whether you are covered by WISHA, call 1-800-4BE SAFE (1-800-423-7233) or a local office of L&I. http://www.lni.wa.gov/Main/ContactInfo/OfficeLocations/.

What is OSHA and its relationship to ((WISHA))DOSH?

The U.S. Congress created the Occupational Safety and Health Administration (OSHA) in 1971 to develop and enforce workplace safety and health rules throughout the country. States may choose to run their own safety and health programs as long as they are at least as effective as OSHA. Washington state has chosen to run its own program and most employers in the state, therefore, are subject to enforcement by L&I and not by federal OSHA.

In Washington state, OSHA covers workplaces with federal employees, nonfederal employees working on federal reservations and military bases, employees working on floating worksites (floating dry docks, fishing boats, construction barges), and employees working for tribal employers on tribal lands.

Does WISHA apply to you?

WISHA applies to almost every employer and employee in Washington. WISHA applies to you if:

• You hire someone to work for you as an employee, including workers from a temporary agency.

• You are hired to work for someone as their employee.

• You own your own business or you are a corporate officer and have elected industrial insurance coverage for yourself.

• You have a contract with someone else that primarily involves personal labor, even though you are not required to pay industrial insurance or unemployment insurance premiums.

• You volunteer your personal labor, or you have volunteers working for you who receive any benefit or compensation.

If you have any questions about your particular situation, call 1-800-4BE SAFE (1-800-423-7233) or contact your local office of L&I for help. ((See the resource section of this book for a complete list of L&I offices.))http://www.lni.wa.gov/Main/ContactInfo/OfficeLocations/.

Are there other safety and health rules I need to know about?

In addition to the rules in the ((WISHA))DOSHSafety and Health Core Rules book, there are other general ((WISHA))safety and health rules that may apply to employers, depending upon the industry and workplace activities. ((See the resource section of this book for a complete list of WISHA rules or go to the web site for all the state rules administered by L&I at http://www.wa.gov/lni/home/wacs.htm.))See this web site for a complete list of safety and health rules administered by L&I. http://www.lni.wa.gov/Safety/Rules/Find/RuleName/. If you have questions about these rules ((or would like copies of them,)) call 1-800-4BE SAFE (1-800-423-7233) or your local office of L&I.

How do the ((WISHA))safety and health rules relate to fire, building and electrical codes?

Fire codes: ((WISHA))Safety and health rules contain basic requirements for portable fire extinguishers, exit routes, housekeeping, storage, stairs and electrical hazards for the protection of employees in your workplace. The rules contained in this book are the most basic requirements to make sure that as an employer you provide a safe and healthy work environment. However, these are not the only rules regarding the requirements for portable fire extinguishers, exit routes, housekeeping, storage, stairs and electrical equipment. The fire marshal and local fire authorities enforce the Uniform Fire Code (UFC). ((WISHA))DOSH and UFC differ in some areas, for example UFC requires exit sign lettering to be 6" or more and WISHA only states that the letters have to be clearly visible. Fire codes have more detailed and extensive requirements for the protection of the public than ((WISHA))DOSH. Some codes overlap with ((WISHA))DOSH requirements.

Building and electrical codes: WISHA rules are minimum requirements regardless of when the building was built or remodeled. Buildings must also comply with building and electrical codes at the time of construction. If you remodel, you must comply with the building and electrical codes applicable at that time. Building authorities and electrical inspection authorities enforce rules from the Uniform Building Code (UBC), and the National Electrical Code (NEC).

You are encouraged to call your local fire, building or electrical authority. For more information on the requirements in your area look in the government section of your phone book. Copies of these codes are available at your local library.

How can ((WISHA))DOSH help employers and employees?

Employers can ask ((WISHA))DOSH safety and health consultation staff for free, confidential consulting services in your workplace. ((WISHA))DOSH safety and health professionals can examine your workplace and make recommendations about how to comply with ((WISHA))the safety and health rules. If the consultant finds hazards, the employer will be given a reasonable period of time to correct the hazard without citation or penalty.

Sometimes you might have to wait for an appointment because of the demand for these services. You still must provide a safe workplace while you wait for a consultation.

((WISHA))DOSH offers a wide variety of free services. See the web site below for web access to the following information:

• Safety and health workshops held in locations throughout the state.

• A comprehensive safety and health video lending library.

• Safety and health publications geared for both employer and employee.

• Web site with online publications and learning opportunities.

http://www.lni.wa.gov/Safety/TrainingPrevention/.

Note:

By law, ((WISHA))DOSH consultants do not have any enforcement authority.

((Link: For more information, call 1-800-4BE SAFE (1-800-423-7233) or visit http://www.wa.gov/lni/home/training.htm.))

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-800-110Employer responsibilities: Safe workplace—Summary.

Your responsibility:

To provide a safe and healthy workplace free from recognized hazards.

IMPORTANT:

Use these rules where there are no specific rules applicable to the particular hazard.

((You must:

Provide a workplace free from recognized hazards.

WAC 296-800-11005.

Provide and use means to make your workplace safe.

WAC 296-800-11010.

Prohibit employees from entering, or being in, any workplace that is not safe.

WAC 296-800-11015.

Construct your workplace so it is safe.

WAC 296-800-11020.

Prohibit alcohol and narcotics from your workplace.

WAC 296-800-11025.

Prohibit employees from using tools and equipment that are not safe.

WAC 296-800-11030.

Establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice.

WAC 296-800-11035.

Control chemical agents.

WAC 296-800-11040.

Protect employees from biological agents.

WAC 296-800-11045.))

You must meet the requirements …	in this section:
Provide a workplace free from recognized hazards	WAC 296-800-11005
Provide and use means to make your workplace safe	WAC 296-800-11010
Prohibit employees from entering, or being in, any workplace that is not safe	WAC 296-800-11015
Construct your workplace so it is safe	WAC 296-800-11020
Prohibit alcohol and narcotics from your workplace	WAC 296-800-11025
Prohibit employees from using tools and equipment that are not safe	WAC 296-800-11030
Establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice	WAC 296-800-11035
Control chemical agents	WAC 296-800-11040
Protect employees from biological agents	WAC 296-800-11045

Note:

Employees may discuss and participate in any WISHA safety and health related practice and may refuse to perform dangerous tasks without fear of discrimination. Discrimination includes: Dismissal, demotion, loss of seniority, denial of a promotion, harassment, etc. see chapter 296-360 WAC, Discrimination pursuant to RCW 49.17.160, for a complete description of discrimination and the department's responsibility to protect employees.

AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-11005Provide a workplace free from recognized hazards.

You must((:

•))provide your employees a workplace free from recognized hazards that are causing, or are likely to cause, serious injury or death.

Note:

A hazard is recognized if it is commonly known in the employer's industry, or if there is evidence that the employer knew or should have known of the existence of the hazard, or if it can be established that any reasonable person would have recognized the hazard.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-11010Provide and use means to make your workplace safe.

You must((:

•))provide and use safety devices, safeguards, and use work practices, methods, processes, and means that are reasonably adequate to make your workplace safe.

((– Do))(1) You must not remove, displace, damage, destroy or carry off any safety device, safeguard, notice or warning, furnished for use in any employment or place of employment.

((– Do))(2) You must not interfere with use of any of the above.

((– Do))(3) You must not interfere with the use of any method or process adopted for the protection of any employee.

((–))(4) You must do everything reasonably necessary to protect the life and safety of your employees.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-11015Prohibit employees from entering, or being in, any workplace that is not safe.

You must((:

•))prohibit employees from entering, or being in, any workplace that is not safe.

AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-11020Construct your workplace so it is safe.

You must((:

•))not construct, or cause to be constructed, a workplace that is not safe.

((–)) This rule applies to employers, owners, and renters of property used as a place of employment.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-11025Prohibit alcohol and narcotics from your workplace.

(1) You must((:

•))prohibit alcohol and narcotics from your workplace, except in industries and businesses that produce, distribute, or sell alcohol and narcotic drugs.

((•))(2) You must prohibit employees under the influence of alcohol or narcotics from the worksite.

Exemption:

Employees who are taking prescription drugs, as directed by a physician or dentist, are exempt from this section, if the employees are not a danger to themselves or other employees.

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-800-11030Prohibit employees from using tools and equipment that are not safe.

You must((:

•))take responsibility for the safe condition of tools and equipment used by employees.

Note:

This applies to all equipment, materials, tools, and machinery whether owned by the employer or another firm or individual.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-11035Establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice.

You must((:

•))establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice.

AMENDATORY SECTION(Amending WSR 02-16-047, filed 8/1/02, effective 10/1/02)

WAC 296-800-11040Control chemical agents.

(1) You must((:

•))control chemical agents in a manner that they will not present a hazard to your workers; or

((•))(2) You must protect workers from the hazard of contact with, or exposure to, chemical agents.

Note:

Pesticides are considered to be chemical agents. As required by this rule, you must control them or provide protection to workers from exposure to pesticide hazards. Pesticide manufacturers supply precautionary statements in the information provided with the pesticide that tells you how to protect your workers from these hazards.

AMENDATORY SECTION(Amending WSR 04-18-080, filed 8/31/04, effective 11/1/04)

WAC 296-800-11045Protect employees from biological agents.

((You must:))

(1) You must protect employees from exposure to hazardous concentrations of biological agents that may result from processing, handling or using materials or waste.

Note:	Potential exposure to biological agents occurs during cleanup, or other tasks, where employees handle:
	– Animals or animal waste
	– Body fluids
	– Biological agents in a medical research lab
	– Mold or mildew
	Check The Center of Disease Control web site (www.cdc.gov) to find published guidelines and information on safe handling and protection from specific biological agents (examples: Hanta virus, TB).

((You must:))

(2) You must warn employees of biohazards.

((•))(3) You must use signs, tags, or labels to identify:

((–))(a) The actual or potential presence of a biohazard; ((AND

–))and

(b) Equipment, containers, rooms, materials, experimental animals, or any combinations of these that contain viable hazardous agents.

Definition:

Biohazard means those infectious agents presenting a risk or potential risk of death, injury or illness to employees.

((You must:

•))You must make sure the sign, tag, or label includes the biohazard symbol that is designed and proportioned in the illustration that follows.

((You must:

•))You must make sure that there is sufficient contrast for the symbol to be clearly defined, if the sign, tag, or label has a background color.

Reference:

Additional requirements for biohazard signs, tags, and labels may apply. See WAC 296-823-14025 and 296-823-18040 of the Bloodborne Pathogens book.

Note:	• It's recommended that the sign, tag, or label have a key color of fluorescent orange or orange-red and lettering or symbols in a contrasting color.
	•Appropriate wording may be used in association with the symbol to indicate:
	– The nature or identity of the hazard;
	– Name of individual responsible for its control;
	– Precautionary information;
	or
	– Other information.
	• This information should not be written on the symbol.

AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-120Rule.

((Employee's responsibility: To))You must play an active role in creating a safe and healthy workplace and comply with all applicable safety and health rules.

Note:

Employees may discuss and participate in any WISHA safety and health related practice and may refuse to perform dangerous tasks without fear of discrimination. Discrimination includes: Dismissal, demotion, loss of seniority, denial of a promotion, harassment, etc. (see chapter 296-360 WAC, Discrimination) pursuant to RCW 49.17.160 for a complete description of discrimination and the department's responsibility to protect employees.

AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-12005Employee responsibilities.

Employees must:

((•))(1) Study and follow all safe practices that apply to their work.

((•))(2) Coordinate and cooperate with all other employees in the workplace to try to eliminate on-the-job injuries and illnesses.

((•))(3) Apply the principles of accident prevention in their daily work and use proper safety devices and protective equipment as required by their employment or employer.

((•))(4) Take care of all personal protective equipment (PPE) properly.

((•))(5) Not wear torn or loose clothing while working around machinery.

Note:

Things such as clothing, hair, and jewelry can get caught in machinery and be a hazard on the job.

((Employees must:

•))(6) Report promptly to their supervisor every industrial injury or occupational illness.

((•))(7) Not remove, displace, damage, or destroy or carry off any safeguard, notice, or warning provided to make the workplace safe.

((•))(8) Not interfere with use of any safeguard by anyone in the workplace.

((•))(9) Not interfere with the use of any work practice designed to protect them from injuries.

((•))(10) Do everything reasonably necessary to protect the life and safety of employees.

AMENDATORY SECTION(Amending WSR 02-16-047, filed 8/1/02, effective 10/1/02)

WAC 296-800-130Safety committees/safety meetings—Summary.

Important:

This rule requires you to have a method of communicating and evaluating safety and health issues brought up by you or your employees in your workplace. Larger employers must establish a safety committee. Smaller employers have the choice of either establishing a safety committee or holding safety meetings with a management representative present.

There is a difference between a safety committee and a safety meeting.

• A safety committee is an organizational structure where members represent a group. This gives everyone a voice but keeps the meeting size to an effective number of participants.

• A safety meeting includes all employees and a management person is there to ensure that issues are addressed. Typically, the safety committee is an effective safety management tool for a larger employer and safety meetings are more effective for a smaller employer.

Your responsibility:

((To))You must establish a safety committee or hold safety meetings to create and maintain a safe and healthy workplace for all employees.

((You must:

Establish and conduct safety committees.

WAC 296-800-13020.

Follow these rules to conduct safety meetings.

WAC 296-800-13025.))

You must meet the requirements …	in this section:
Establish and conduct safety committees	WAC 296-800-13020
Follow these rules to conduct safety meetings	WAC 296-800-13025

AMENDATORY SECTION(Amending WSR 02-16-047, filed 8/1/02, effective 10/1/02)

WAC 296-800-13020Establish and conduct safety committees.

((You must:))

If:	Then:
You employ 11 or more employees on the same shift at the same location	You must establish a safety committee

(1) You must establish a safety committee.

((•)) Make sure your committee:

((–))(a) Has employee-elected and employer-selected members.

((♦))(i) The number of employee-elected members must equal or exceed the number of employer-selected members.

Note:

Employees selected by the employees bargaining representative or union qualify as employee-elected.

((♦))(ii) The term of employee-elected members must be a maximum of one year. (There is no limit to the number of terms a representative can serve.)

((♦))(iii) If there is an employee-elected member vacancy, a new member must be elected prior to the next scheduled meeting.

((–))(b) Has an elected chairperson.

((–))(c) Determines how often, when, and where, the safety committee will meet.

Note:	• Meetings should be one hour or less, unless extended by a majority vote of the committee.
	• If the committee cannot agree on the frequency of meetings, the department of labor and industries regional safety consultation representative should be consulted for recommendations. (See the resources section of this book for contacts.)

((You must:))

(2) Your safety committee must cover these topics:

((•))(a) Review safety and health inspection reports to help correct safety hazards.

((•))(b) Evaluate the accident investigations conducted since the last meeting to determine if the cause(s) of the unsafe situation was identified and corrected.

((•))(c) Evaluate your workplace accident and illness prevention program and discuss recommendations for improvement, if needed.

((•))(d) Document attendance.

((•))(e) Write down subjects discussed.

(3) You must record meetings.

((•)) Prepare minutes from each safety committee and:

((–))(a) Preserve them for one year.

((–))(b) Make them available for review by safety and health consultation personnel of the department of labor and industries.

AMENDATORY SECTION(Amending WSR 02-16-047, filed 8/1/02, effective 10/1/02)

WAC 296-800-13025Follow these rules to conduct safety meetings.

((You must:))

If:	Then:
You have 10 or fewer employees OR If you have 11 or more employees that • Work on different shifts with 10 or fewer employees on each shift OR • Work in widely separate locations with 10 or fewer employees at each location	You may choose to hold a safety meeting instead of a safety committee

(1) You must do the following for safety meetings.

((•)) Make sure your safety meetings:

((–))(a) Are held monthly. You may meet more often to discuss safety issues as they come up.

((–))(b) Have at least one management representative.

(2) Your safety committee must cover these topics.

((•))(a) Review safety and health inspection reports to help correct safety hazards.

((•))(b) Evaluate the accident investigations conducted since the last meeting to determine if the cause(s) of the unsafe situation was identified and corrected.

((•))(c) Evaluate your workplace accident and illness prevention program and discuss recommendations for improvement, if needed.

((•))(d) Document attendance.

((•))(e) Write down subjects discussed.

Note:

There are no formal documentation requirements for safety meetings except for writing down who attended and the topics discussed.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-140Accident prevention program.

((Summary.))

Your responsibility:

((To))You must establish, supervise and enforce an accident prevention program (APP) that is effective in practice. (You may call this your total safety and health plan.)

((You must:

Develop a formal, written accident prevention program (APP).

WAC 296-800-14005.

Develop, supervise, implement, and enforce safety and health training programs that are effective in practice.

WAC 296-800-14020.

Make sure your accident prevention program (APP) is effective in practice.

WAC 296-800-14025.))

You must meet the requirements …	in this section:
Develop a formal, written accident prevention program	WAC 296-800-14005
Develop, supervise, implement, and enforce safety and health training programs that are effective in practice	WAC 296-800-14020
Make sure your accident prevention program is effective in practice	WAC 296-800-14025

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-14005Develop a formal, written accident prevention program.

(1) You must((:

•))develop a formal accident prevention program that is outlined in writing. The program must be tailored to the needs of your particular workplace or operation and to the types of hazards involved.

Note:

The term "accident prevention program" refers to your written plan to prevent accidents, illnesses, and injuries on the job. Your accident prevention program may be known as your safety and health plan, injury prevention program, or by some other name.

(2) You must((:

•))make sure your Accident Prevention Program contains at least the following elements:

((–))(a) A safety orientation:

((♦))(i) A description of your total safety and health program.

((♦))(ii) On-the-job orientation showing employees what they need to know to perform their initial job assignments safely.

((♦))(iii) How and when to report on-the-job injuries including instruction about the location of first-aid facilities in your workplace.

((♦))(iv) How to report unsafe conditions and practices.

((♦))(v) The use and care of required personal protective equipment (PPE).

((♦))(vi) What to do in an emergency, including how to exit the workplace.

((♦))(vii) Identification of hazardous gases, chemicals, or materials used on-the-job and instruction about the safe use and emergency action to take after accidental exposure.

((–))(b) A safety and health committee.

(WAC 296-800-130.)

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-14020Develop, supervise, implement, and enforce safety and health training programs that are effective in practice.

(1) You must((:

•))develop, supervise, implement, and enforce training programs to improve the skill, awareness, and competency of all your employees in the field of occupational safety and health.

((•))(2) You must make sure training includes on-the-job instruction to employees prior to their job assignment about hazards such as:

((–))(a) Safe use of powered materials-handling equipment, such as forklifts, backhoes, etc.

((–))(b) Safe use of machine tool operations.

((–))(c) Use of toxic materials.

((–))(d) Operation of utility systems.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-14025Make sure your accident prevention program is effective in practice.

You must((:

•))establish, supervise, and enforce your accident prevention program in a manner that is effective in practice.

AMENDATORY SECTION(Amending WSR 04-07-160, filed 3/23/04, effective 5/1/04)

WAC 296-800-150Rule summary.

Your responsibility:

You must make sure first-aid trained personnel are available to provide quick and effective first aid.

((You must:

Make sure that first-aid trained personnel are available to provide quick and effective first aid.

WAC 246-800-15005 [296-800-15005.].

Make sure appropriate first-aid supplies are readily available.

WAC 296-800-15020.

Make sure emergency washing facilities are functional and readily accessible.

WAC 296-800-15030.

Inspect and activate your emergency washing facilities.

WAC 296-800-15035.

Make sure supplemental flushing equipment provides sufficient water.

WAC 296-800-15040.))

You must meet the requirements …	in this section:
Make sure that first-aid trained personnel are available to provide quick and effective first aid	WAC 296-800-15005
Make sure appropriate first-aid supplies are readily available	WAC 296-800-15020
Make sure emergency washing facilities are functional and readily accessible	WAC 296-800-15030
Inspect and activate your emergency washing facilities	WAC 296-800-15035
Make sure supplemental flushing equipment provides sufficient water	WAC 296-800-15040

Note:	• Employers who require their employees to provide first aid must comply with chapter 296-823 WAC, Occupational exposure to bloodborne pathogens.
	• Your workplace may be covered by separate first-aid rules. If you do any of the types of work listed below, you must follow separate industry specific rules:

Industry	Chapter (WAC)
Agriculture	296-307
Compressed air	296-36
Construction	296-155
Firefighting	296-305
Logging	296-54
Sawmill	296-78
Ship building and repairing	296-304

You can get copies of these rules by calling 1-800-4BE SAFE (1-800-423-7233), or by going to http://www.lni.wa.gov.

AMENDATORY SECTION(Amending WSR 04-07-160, filed 3/23/04, effective 5/1/04)

WAC 296-800-15005Make sure that first-aid trained personnel are available to provide quick and effective first aid.

You must((:))comply with the first-aid training requirements of 29 C.F.R. 1910.151(b) which states:

"In the absence of an infirmary, clinic, or hospital in near proximity to the workplace, which is used for the treatment of all injured employees, a person or persons ((shall))must be adequately trained to render first aid."

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-15020Make sure appropriate first-aid supplies are readily available.

(1) You must((:

•))make sure first-aid supplies are readily available.

((•))(2) You must make sure first-aid supplies at your workplace are appropriate to:

((–))(a) Your occupational setting.

((–))(b) The response time of your emergency medical services.

Note:

First-aid kits from your local retailer or safety supplier should be adequate for most nonindustrial employers.

(3) You must((:

•))make sure that first-aid supplies are:

((–))(a) Easily accessible to all your employees.

((–))(b) Stored in containers that protect them from damage, deterioration, or contamination. Containers must be clearly marked, not locked, and may be sealed.

((–))(c) Able to be moved to the location of an injured or acutely ill worker.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-800-15030Make sure emergency washing facilities are functional and readily accessible.

(1) You must((:

•))provide an emergency shower:

((–))(a) When there is potential for major portions of an employee's body to contact corrosives, strong irritants, or toxic chemicals.

((–))(b) That delivers water to cascade over the user's entire body at a minimum rate of 20 gallons (75 liters) per minute for fifteen minutes or more.

((•))(2) You must provide an emergency eyewash:

((–))(a) When there is potential for an employee's eyes to be exposed to corrosives, strong irritants, or toxic chemicals.

((–))(b) That irrigates and flushes both eyes simultaneously while the user holds their eyes open.

((–))(c) With an on-off valve that activates in one second or less and remains on without user assistance until intentionally turned off.

((–))(d) That delivers at least 0.4 gallons (1.5 liters) of water per minute for fifteen minutes or more.

Note:	Chemicals that require emergency washing facilities:
	• You can determine whether chemicals in your workplace require emergency washing facilities by looking at the safety data sheet (SDS) or similar documents. The SDS contains information about first-aid requirements and emergency flushing of skin or eyes.
	• For chemicals developed in the workplace, the following resources provide information about first-aid requirements:
	– NIOSH Pocket Guide to Chemical Hazards
	*DHHS (NIOSH) Publication No. 97-140
	*http://www.cdc.gov/niosh/npg/ggdstart.html
	– Threshold Limit Values for Chemical Substances and Physical Agents American Conference of Governmental Industrial Hygienists (ACGIH)

(3) You must((:

•))make sure emergency washing facilities:

((–))(a) Are located so that it takes no more than ten seconds to reach.

((–))(b) Are kept free of obstacles blocking their use.

((–))(c) Function correctly.

((–))(d) Provide the quality and quantity of water that is satisfactory for emergency washing purposes.

Note:	• If water in emergency washing facilities is allowed to freeze, they will not function correctly. Precautions need to be taken to prevent this from happening.
	• The travel distance to an emergency washing facility should be no more than fifty feet (15.25 meters).
	• For further information on the design, installation, and maintenance of emergency washing facilities, see American National Standards Institute (ANSI) publication Z358.1 - 1998, Emergency Eyewash and Shower Equipment. Emergency washing facilities that are designed to meet ANSI Z358.1 - 1998 also meet the requirements of this standard. The ANSI standard can be obtained from the American National Standards Institute, 1430 Broadway, New York, New York 10018.

Reference:	• Training in the location and use of your emergency washing facilities is required under the hazard communication rule, WAC 296-901-140, and the accident prevention program rule, WAC 296-800-140.
	• All emergency washing facilities using "not fit for drinking" (nonpotable) water must have signs stating the water is "not fit for drinking." See WAC 296-800-23010.

AMENDATORY SECTION(Amending WSR 02-16-047, filed 8/1/02, effective 10/1/02)

WAC 296-800-15035Inspect and activate your emergency washing facilities.

(1) You must((:

•))make sure all plumbed emergency washing facilities are inspected once a year to make sure they function correctly.

Note:	Inspections should include:
	• Examination of the piping
	• Making sure that water is available at the appropriate temperature and quality
	• Activation to check that the valves and other hardware work properly
	• Checking the water flow rate.

(2) You must((:

•))make sure plumbed emergency eyewashes and hand-held drench hoses are activated weekly to check the proper functioning of the valves, hardware, and availability of water.

((•))(3) You must make sure all self-contained eyewash equipment and personal eyewash units are inspected and maintained according to manufacturer instructions.

((–))(a) Inspections to check proper operation must be done once a year.

((–))(b) Sealed personal eyewashes must be replaced after the manufacturer's expiration date.

Note:

Most manufacturers recommend replacing fluid in open self-contained eyewashes every six months. The period for sealed containers is typically two years.

AMENDATORY SECTION(Amending WSR 02-16-047, filed 8/1/02, effective 10/1/02)

WAC 296-800-15040Make sure supplemental flushing equipment provides sufficient water.

Note:

Supplemental flushing equipment cannot be used in place of required emergency showers or eyewashes.

(1) You must((:

•))make sure hand-held drench hoses deliver at least 3.0 gallons (11.4 liters) of water per minute for fifteen minutes or more.

Note:	Why use a drench hose? A drench hose is useful when:
	• The spill is small and does not require an emergency shower
	• Used with a shower for local rinsing, particularly on the lower extremities.

(2) You must((:

•))make sure personal eyewash equipment delivers only clean water or other medically approved eye flushing solutions.

AMENDATORY SECTION(Amending WSR 05-03-093, filed 1/18/05, effective 3/1/05)

WAC 296-800-160Summary.

Your responsibility:

((To))You must make sure that your employees have, use, and care for the appropriate personal protective equipment (PPE).

PPE is an item or items used to protect the eyes, face, head, body, arms, hands, legs, and feet such as goggles, helmets, head covers, gloves, rubber slickers, disposable coveralls, safety shoes, protective shields, and barriers.

((You must:

Do a hazard assessment for PPE.

WAC 296-800-16005.

Document your hazard assessment for PPE.

WAC 296-800-16010.

Select appropriate PPE for your employees.

WAC 296-800-16015.

Provide PPE to your employees.

WAC 296-800-16020.

Train your employees to use PPE.

WAC 296-800-16025.

Retrain employees to use PPE, if necessary.

WAC 296-800-16030.

Document PPE training.

WAC 296-800-16035.

Require your employees to use necessary PPE on the job.

WAC 296-800-16040.

Keep your PPE safe and in good condition.

WAC 296-800-16045.

Make sure your employees use appropriate face and eye

protection.

WAC 296-800-16050.

Make sure your employees use appropriate head protection.

WAC 296-800-16055.

Make sure your employees use appropriate foot protection.

WAC 296-800-16060.

Make sure your employees use appropriate hand protection.

WAC 296-800-16065.

Make sure your employees are protected from drowning.

WAC 296-800-16070.))

You must meet the requirements …	in this section:
Compliance duties owed to each employee	WAC 296-800-16002
Do a hazard assessment for PPE	WAC 296-800-16005
Document your hazard assessment for PPE	WAC 296-800-16010
Select appropriate PPE for your employees	WAC 296-800-16015
Provide PPE to your employees	WAC 296-800-16020
Train your employees to use PPE	WAC 296-800-16025
Retrain employees to use PPE, if necessary	WAC 296-800-16030
Document PPE training	WAC 296-800-16035
Require your employees to use necessary PPE on the job	WAC 296-800-16040
Keep PPE in safe and good condition	WAC 296-800-16045
Make sure your employees use appropriate eye and face protection	WAC 296-800-16050
Make sure your employees use appropriate head protection	WAC 296-800-16055
Make sure your employees use appropriate foot protection	WAC 296-800-16060
Make sure your employees use appropriate hand protection	WAC 296-800-16065
Make sure your employees are protected from drowning	WAC 296-800-16070

Exemption:

• WAC 296-800-16015, 296-800-16025, 296-800-16030, and 296-800-16035 do not apply to electrical protective equipment or respiratory protection. See chapters 296-24 WAC, Part L and chapter 296-842 WAC, for rules about these types of protective equipment.

AMENDATORY SECTION(Amending WSR 09-15-145, filed 7/21/09, effective 9/1/09)

WAC 296-800-16002Compliance duties owed to each employee.

(1) You must provide personal protective equipment. Standards in this part requiring the employer to provide personal protective equipment (PPE), including respirators and other types of PPE, because of hazards to employees impose a separate compliance duty with respect to each employee covered by the requirement. The employer must provide PPE to each employee required to use the PPE, and each failure to provide PPE to an employee may be considered a separate violation.

(2) You must provide training. Standards in this part requiring training on hazards and related matters, such as standards requiring that employees receive training or that the employer train employees, provide training to employees, or institute or implement a training program, impose a separate compliance duty with respect to each employee covered by the requirement. The employer must train each affected employee in the manner required by the standard, and each failure to train an employee may be considered a separate violation.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-16005Do a hazard assessment for PPE.

You must((:

•))look for and identify hazards or potential hazards in your workplace and determine if PPE is necessary on the job.

Note:	PPE alone should not be relied on to provide protection for your employees. PPE should be used after all other reasonable means of reducing hazards have been carried out. Identifying hazards in your workplace should be built into your regular routine. You should take active steps to get rid of all identified hazards. For example, you can:
	• Consider other ways to get hazardous jobs done.
	• Reduce hazardous materials or processes.
	• Apply engineering controls to reduce or eliminate hazards.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-16010Document your hazard assessment for PPE.

You must((:

•))verify that a hazard assessment for PPE has been done at your workplace and complete a written certification (paper or electronic format) that includes the:

((–))(1) Name of the workplace.

((–))(2) Address of the workplace you inspected for hazards.

((–))(3) Name of person certifying that a workplace hazard assessment was done.

((–))(4) Date(s) the workplace hazard assessment was done.

((–))(5) Statement identifying the document as the certification of hazard assessment for PPE for the workplace.

AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-16015Select appropriate PPE for your employees.

((You must:)) (1) You must select appropriate PPE.

((•))(a) Select appropriate PPE for your employees if hazards are present, or likely to be present.

((•))(b) Select PPE for each at-risk employee to use for protection from the hazards identified in your workplace hazard assessment.

(2) You must select PPE that properly fits each at-risk employee.

Note:	The hazards in your workplace have special rules that apply to them.
	For information about PPE for specific workplaces, see these WISHA rule books:

Construction Work	Chapter 296-155 WAC
Electrical Workers	Chapter 296-45 WAC
Firefighters	Chapter 296-305 WAC
General Occupational Health Standards	Chapter 296-62 WAC
General Safety and Health Standards	Chapter 296-24 WAC
Logging Operations	Chapter 296-54 WAC
Pulp, Paper and Paper Board Mills and Converters	Chapter 296-79 WAC
Ship Repairing, Ship Building and Shipbreaking	Chapter 296-304 WAC
Ski Area Facilities and Operations	Chapter 296-59 WAC
Telecommunication	Chapter 296-32 WAC
Textile Industry	Chapter 296-301 WAC

Note:	For help in selecting PPE for your employees, you have several options. You may:
	• Visit the OSHA web site http://www.osha-slc.gov/SLTC/personalprotectiveequipment/index.html.
	• Call 1-800-4be safe (1-800-423-7233) for guidelines for selecting PPE.
	• Consult with safety and health professionals knowledgeable in this area. See resource section for links to professional organizations.
	• Discuss PPE choices with your employees.

AMENDATORY SECTION(Amending WSR 09-05-071, filed 2/17/09, effective 4/1/09)

WAC 296-800-16020Provide PPE to your employees.

You must provide PPE at no cost to employees if the PPE is:

((•))(1) The type that would not reasonably or normally be worn away from the workplace, such as single use or disposable PPE.

((•))(2) Required to comply with a safety and health standard to protect employees wherever hazards exist from:

((–))(a) Processes;

((–))(b) Environmental hazards;

((–))(c) Physical, chemical, or radiological hazards; or

((–))(d) Mechanical irritants that could cause injury or impairment to the function of any body part through absorption, inhalation, or physical contact.

Table-X: Employer Responsibility for Providing PPE

*This table provides examples only and is not all-inclusive.

Part of Body	PPE employers are required to provide at no cost to employees.	Items in which employer payment is not required.
Head	Bump caps. Hard hat. Nonconductive head protection.	—
Eye and Face	Face shields. Goggles. Laser safety goggles. Nonprescription eye protection. Prescription eyewear inserts/lenses for full-face respirators. Welding and diving helmets.	Nonspecialty prescription safety eyewear.
Ear	Hearing protection.	—
Hand/ Arm	Aluminized gloves. Barrier creams (unless used solely for weather-related protection). Chemical resistant gloves/aprons/ clothing.	Hand protection used only for keeping clean or for cold weather with no safety or health consideration.
	Mesh cut proof gloves. Mesh or leather aprons. Nonspecialty gloves if required to protect from dermatitis, severe cuts, or abrasions. Rubber insulating gloves. Rubber sleeves.
Foot	Metatarsal foot protection. Rubber boots with steel toes. Shoe covers - Toe caps and metatarsal guards. Special boots for longshoremen working logs.	Nonspecialty safety-toe protective footwear such as steel-toe shoes or boots. Sturdy work shoes. Lineman's boots. Logging boots required under chapter 296-54 WAC.
Other	Atmosphere-supplying respirators (escape only). Climbing ensembles used by linemen such as belts and climbing hooks.	Long sleeve shirts. Long pants. Ordinary cold weather gear (coats, parkas, cold weather gloves, winter boots).
	Level A - Fully encapsulated chemical protective suits. Level B - Chemical protective clothing. Personal fall arrest systems. Personal fall restraint systems. Firefighting PPE (helmet, gloves, boots, proximity suits, full gear).	Ordinary rain gear. Dust mask/respirators used under the voluntary use provisions in chapter 296-842 WAC. Back belts. Sunglasses. Sunscreen.
	Ladder safety device belts. Personal floatation devices (life jackets). Class II or III high visibility garments that meet ANSI 107-2004 specifications.
	Respiratory protection. SCBA (self-contained breathing apparatus). Welding PPE.
	Window cleaner's safety straps. Items such as aprons, lab coats, goggles, disposable gloves, shoe covers, etc., used in medical/ laboratory settings to protect from exposure to infectious agents.

AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-16025Train your employees to use PPE.

(1) You must((:

•))communicate your PPE selection decision to each at-risk employee.

((•))(2) You must provide training to each employee who is required to use PPE on the job. Each affected employee must be trained to know at least the following:

((–))(a) When PPE is necessary.

((–))(b) What PPE is necessary.

((–))(c) How to put on, take off, adjust, and wear PPE.

((–))(d) Limitations of PPE.

((–))(e) Proper care, maintenance, useful life, and disposal of PPE.

((•))(3) Make sure before an employee is allowed to perform work requiring the use of PPE that the employee can:

((–))(a) Demonstrate an understanding of the training specified above; and

((–))(b) Demonstrate the ability to use PPE properly.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-16030Retrain employees to use PPE, if necessary.

You must((:

•))retrain an employee when you have reason to believe the understanding, motivation, and skills required to use the PPE has not been retained. Circumstances where retraining is required include:

((–))(1) Changes in the workplace that make previous training out of date.

((–))(2) Changes in the types of PPE to be used make previous training out of date.

((–))(3) Work habits or demonstrated knowledge indicate that the employee has not retained the necessary understanding, skill, or motivation to use PPE.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-16035Document PPE training.

You must((:

•))document in writing that each employee using PPE has received and understood the required training.

This documentation must include:

((–))(1) Name of each employee.

((–))(2) Date(s) of training.

((–))(3) Subject of the training.

Note:

Documentation may be stored on a computer as long as it is available to safety and health personnel from the department of labor and industries.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-16040Require your employees to use necessary PPE on the job.

You must((:

•))require your employees to use necessary PPE on the job.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-16045Keep PPE in safe and good condition.

(1) You must((:

•))make sure all PPE is safe for the work to be performed. It must:

((–))(a) Be durable.

((–))(b) Fit snugly.

((–))(c) Not interfere with the employee's movements.

((•))(2) You must make sure PPE is used and maintained in a clean and reliable condition.

((–))Defective equipment MUST NOT be used.

((•))(3) You must make sure if employees provide their own PPE, that it is adequate for the workplace hazards, and maintained in a clean and reliable condition.

AMENDATORY SECTION(Amending WSR 10-09-088, filed 4/20/10, effective 6/1/10)

WAC 296-800-16050Make sure your employees use appropriate eye and face protection.

(1) You must((:

•))make sure that employees exposed to hazards that could injure their eyes and/or face use appropriate protection. Examples of these hazards include:

((–))(a) Flying particles.

((–))(b) Molten metal.

((–))(c) Liquid chemicals.

((–))(d) Acids or caustic liquids.

((–))(e) Chemical gases or vapors.

((–))(f) Any light that could injure the eyes such as lasers, ultraviolet, or infrared light.

((–))(g) Objects that puncture.

((•))(2) You must make sure employees exposed to hazards from flying objects have eye protection with side protection, such as safety glasses with clip-on or slide-on side shields.

((•))(3) You must make sure eye protection for employees who wear prescription lenses:

((–))(a) Incorporates the prescription into the design of the eye protection; or

((–))(b) Is large enough to be worn over the prescription lenses without disturbing them.

((•))(4) You must make sure PPE used to protect the eyes and face meet the specifics of either the 1989 version, the 1998 revision, or the 2003 version of ANSI Z87.1, American National Standard Practice for Occupational and Education Eye and Face Protection.

(5) Other protective eye and face protection devices may be used if the employer demonstrates that they are at least as effective as those constructed in accordance with one of the above consensus standards.

Note:	ANSI is the American National Standards Institute that publishes nationally recognized safety and health requirements. Their address is:
	ANSI (American National Standards Institute)
	1819 L Street NW
	Washington, DC 20036
	Phone: (((202)))202-293-8020
	Fax: (((202)))202-293-9287
	http://www.ansi.org

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-800-16055Make sure your employees use appropriate head protection.

((You must:)) (1) You must make sure employees wear appropriate protective helmets.

((•))(a) Where employees are exposed to hazards that could cause a head injury. Examples of this type of hazard include:

((–))(i) Flying or propelled objects.

((–))(ii) Falling objects or materials.

((•))(b) Where employees are working around or under scaffolds or other overhead structures.

(2) Head protection must comply with any of the following consensus standards:

(a) American National Standards Institute (ANSI) Z89.1-2009, "American National Standard for Industrial Head Protection";

(b) American National Standards Institute (ANSI) Z89.1-2003, "American National Standard for Industrial Head Protection";

(c) American National Standards Institute (ANSI) Z89.1-1997, "American National Standard for Personnel Protection—Protective Headwear for Industrial Workers—Requirements."

((–))(d) You may use protective helmets that do not meet these ANSI standards if you can demonstrate that they are equally effective as those constructed in accordance with the above ANSIs.

(3) You must make sure employees working near exposed electrical conductors that could contact their head wear a protective helmet designed (that meet the above ANSI standards) to reduce electrical shock hazard.

((•)) Caps with metal buttons or metal visors must not be worn around electrical hazards.

(4) You must make sure employees working around machinery or in locations that present a hair-catching or fire hazard wear caps or head coverings that completely cover their hair.

((•))(a) Employees must wear a hair net that controls all loose ends when:

((–))(i) Hair is as long as the radius of pressure rolls with exposed in-running nip points.

((–))(ii) Hair is twice as long as the circumference of exposed revolving shafts or tools in fixed machines.

((•))(b) Employees must wear a hair covering of solid material when:

((–)) The employee is exposed to an ignition source and may run into an area containing category 1 or 2 flammable liquids, such as ether, benzene, or category 3 flammable liquids with a flashpoint between 100°F (37.8°C), or combustible atmospheres if their hair is on fire.

AMENDATORY SECTION(Amending WSR 10-09-088, filed 4/20/10, effective 6/1/10)

WAC 296-800-16060Make sure your employees use appropriate foot protection.

((You must:)) (1) You must use appropriate foot protection.

((•))(a) Where employees are exposed to hazards that could injure their feet. Examples of these hazards are:

((–))(i) Falling objects.

((–))(ii) Rolling objects.

((–))(iii) Piercing/cutting injuries.

((–))(iv) Electrical hazards.

((•))(b) That meets the specifications of one of the following consensus standards:

((•))(i) ASTM F-2412-2005, Standard Test Methods for Foot Protection, and ASTM F-2413-2005, Standard Specification for Performance Requirements for Protective Footwear.

((•))(ii) ANSI Z41-1999, American National Standard for Personal Protection—Protective Footwear.

((•))(iii) ANSI Z41-1991, American National Standard for Personal Protection—Protective Footwear.

((–))(c) Protective footwear that does not meet these standards may be used if you demonstrate that it is equally effective as that constructed in accordance with one of the above consensus standards.

(2) You must make sure your employees wear calks or other suitable footwear to protect against slipping while they are working on top of logs.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-16065Make sure your employees use appropriate hand protection.

(1) You must((:

•))make sure employees exposed to hazards that could injure their hands use appropriate hand protection. Examples of these hazards include:

((–))(a) Absorbing harmful substances.

((–))(b) Severe cuts, lacerations or abrasions.

((–))(c) Punctures.

((–))(d) Chemical burns and/or thermal burns.

((–))(e) Harmful temperature extremes.

((•))(2) You must make sure when choosing hand protection, you consider how well the hand protection performs relative to the:

((–))(a) Task.

((–))(b) Conditions present.

((–))(c) Duration of use.

((–))(d) Hazards.

((–))(e) Potential hazards.

AMENDATORY SECTION(Amending WSR 02-16-047, filed 8/1/02, effective 10/1/02)

WAC 296-800-16070Make sure your employees are protected from drowning.

((You must:)) (1) You must provide and make sure your employees wear personal flotation devices (PFD)((.

•))when they work in areas where the danger of drowning exists, such as:

((–))(a) On the water.

((–))(b) Over the water.

((–))(c) Alongside the water.

Note:	Employees are not exposed to the danger of drowning when:
	– Employees are working behind standard height and strength guardrails.
	– Employees are working inside operating cabs or stations that eliminate the possibility of accidentally falling into the water.
	– Employees are wearing an approved safety belt with a lifeline attached that prevents the possibility of accidentally falling into the water.

(2) You must((:

•))provide your employees with PFDs approved by the United States Coast Guard for use on commercial or merchant vessels. The following are appropriate or allowable United States Coast Guard-approved PFDs:

Type of PFD	General Description
Type I	Off-shore life jacket - Effective for all waters or where rescue may be delayed.
Type II	Near-shore buoyant vest - Intended for calm, inland water or where there is a good chance of quick rescue.
Type III	Flotation aid - Good for calm, inland water, or where there is a good chance of rescue.
Type V	Flotation aids such as boardsailing vests, deck suits, work vests and inflatable PFDs marked for commercial use.

Note:	• Commercially available PFDs are marked or imprinted with the type of PFD.
	• Type IV PFDs are throwable devices. They are used to aid persons who have fallen into the water.

(3) You must((:

•))inspect PFDs before and after each use for defects and make sure that defective PFDs are not used.

(((2)))(4) You must provide approved life rings with an attached line on all docks, walkways, and fixed installations on or adjacent to water more than five feet deep.

((•))(a) Life rings must:

((–))(i) Be United States Coast Guard approved 30 inch size.

((–))(ii) Have attached lines that are at least 90 feet in length.

((–))(iii) Have attached lines at least 1/4 inch in diameter.

((–))(iv) Have attached lines with a minimum breaking strength of 500 pounds.

((–))(v) Be spaced no more than 200 feet apart.

((–))(vi) Be kept in easily visible and readily accessible locations.

((•))(b) Life rings and attached lines must:

((–))(i) Be maintained to retain at least 75 percent of their designed buoyancy and strength.

((–))(ii) Be provided in the immediate vicinity when employees are assigned work at other casual locations where the risk of drowning exists.

((–))(c) Work assigned over water where the vertical drop from an accidental fall would be more than 50 feet, must be subject to specific procedures as approved by the department.

AMENDATORY SECTION(Amending WSR 17-02-066, filed 1/3/17, effective 2/3/17)

WAC 296-800-180Safety data sheets (SDSs) as exposure records.

Important: Exposure records contain information about employees' exposure to toxic substances or harmful physical agents. Safety data sheets (SDSs) are one type of exposure record. The preservation of and access to exposure records is necessary to improve detection, treatment, and prevention of occupational diseases.

This rule supplements the chemical hazard communication rule by extending access to SDSs, or their alternative, after employment and after the hazardous chemical is no longer used in the workplace.

Your responsibility:

((To))You must preserve and provide access to safety data sheets (SDSs) or their alternative as exposure records.

((You must:

Preserve exposure records for at least thirty years.

WAC 296-800-18005.

Inform current employees of exposure records.

WAC 296-800-18010.

Provide access to exposure records.

WAC 296-800-18015.

Transfer records when ceasing to do business.

WAC 296-800-18020.))

You must meet the requirements …	in this section:
Preserve exposure records for at least thirty years	WAC 296-800-18005
Inform current employees of exposure records	WAC 296-800-18010
Provide access to exposure records	WAC 296-800-18015
Transfer records when ceasing to do business	WAC 296-800-18020

Note:	• Employee medical and exposure records, chapter 296-802 WAC, requires the preservation and access to other exposure records including records such as workplace monitoring data and biological monitoring results and medical records. If you keep these other types of employee exposure records or employee medical records, you must comply with these additional requirements.
	• This rule applies to every employer who maintains, makes, contracts for, or has access to SDSs for chemicals used in their workplace.
	• The specific identity of a toxic substance may be withheld from a disclosable record if it is a verifiable trade secret. For trade secret requirements see WAC 296-901-14018 Trade secrets.

AMENDATORY SECTION(Amending WSR 17-02-066, filed 1/3/17, effective 2/3/17)

WAC 296-800-18005Preserve exposure records for at least ((30))thirty years.

You must((:

•))keep safety data sheets (SDSs) and analysis using SDSs for at least thirty years, including current, former, and future employers receiving transferred records. Preserve SDSs in any form, as long as the information is not altered and is retrievable. You may keep alternative records instead of SDSs concerning the identity of a substance. The alternative record must also be kept for thirty years and contain the following information:

((–))(1) Some record of the identity (chemical name, if known) of a substance or agent.

((–))(2) Where the substance or agent was used.

((–))(3) When the substance or agent was used.

AMENDATORY SECTION(Amending WSR 17-02-066, filed 1/3/17, effective 2/3/17)

WAC 296-800-18010Inform current employees of exposure records.

(1) You must((:

•))inform current employees who are, or will be exposed to a toxic chemical of:

Note:	A chemical is toxic if:
	• The latest printed edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) lists the substance. This may be obtained online, CD-ROM, or on a computer tape.
	• Testing by or known to the employer has shown positive evidence that the substance is an acute or chronic health hazard.
	• A safety data sheet (SDS) kept by or known to the employer shows the material may be a hazard to human health.

((–))(a) The existence, location, and availability of SDSs or alternative records, and any other records covered by this rule.

((–))(b) The person responsible for maintaining and providing access to records.

((–))(c) Exposure records when the employee first enters into employment and then once a year thereafter.

((–))(d) Existence and their rights of access to these records.

Note:

Informing employees of the availability of these records may be accomplished by posting, group discussion or by individual notifications.

(2) You must((:

•))keep a copy of this rule and make copies available upon request to employees.

((•))(3) You must distribute to employees any informational materials about this rule that are made available to the employer by the department.

AMENDATORY SECTION(Amending WSR 17-02-066, filed 1/3/17, effective 2/3/17)

WAC 296-800-18015Provide access to exposure records.

(1) You must((:

•))provide access, whenever requested by an employee or their designated representative, to a relevant exposure record:

((–))(a) In a reasonable time, place, and manner.

((–))(b) Within fifteen working days. If the employer cannot meet this requirement, they must inform the requesting party of the reason for the delay and the earliest date the record will be made available.

Note:	• Employee means any current, former or transferred worker.
	• A relevant exposure record is an SDS or its alternative or analysis using SDSs or their alternative.

(2) You must((:

•))make sure labor and industries has prompt access to any exposure records and related analysis. This must be done without violation of any rights under the Constitution or the Washington Industrial Safety and Health Act that the employer chooses to exercise.

Note:

Nothing in this rule is meant to prevent employees and collective bargaining agents from getting access to information beyond that is required by this rule.

(3) You must((:

•))make sure that whenever an employee or designated representative requests an initial copy of an exposure record, related analysis or new information added to the record:

((–))(a) A copy of the record is provided without cost to the employee or their representative; or

((–))(b) The facilities are made available for copying without cost to the employee or their representative; or

((–))(c) The record is loaned to the employee or their representative for a reasonable time to enable a copy to be made.

Note:

Whenever a record has been previously provided without cost to an employee or designated representative, and they request additional copies, the employer may charge reasonable, nondiscriminatory administrative costs (e.g., search and copying expenses, but no overhead expenses).

AMENDATORY SECTION(Amending WSR 17-02-066, filed 1/3/17, effective 2/3/17)

WAC 296-800-18020Transfer records when ceasing to do business.

(1) You must((:

•))transfer all safety data sheets (SDSs) as exposure records to the successor employer, who must do the following to these records:

((– Received

–))(a) Received.

(b) Preserve.

((–))(c) Keep unchanged.

((•))(2) You must if there is no successor to receive and preserve the employee exposure records:

((–))(a) Notify affected current employees of their rights of access to records at least 3 months prior to the cessation of the employer's business; and

((–))(b) Transfer the records to the department, if required by a specific WISHA safety and health rule.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-190Summary/rule.

((Your responsibility: To))You must provide a safety bulletin board.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-19005Provide a safety bulletin board in your workplace.

You must((:

•))install and maintain a safety bulletin board in every fixed workplace (establishment) that has eight or more employees. Make sure the safety bulletin board is large enough to post information such as the following:

((–))(1) Safety bulletins.

((–))(2) Safety newsletters.

((–))(3) Safety posters.

((–))(4) Accident statistics.

((–))(5) Other safety educational material.

Note:

You may want to post your emergency phone numbers on the safety bulletin board.

((WISHA))JOB SAFETY AND HEALTH LAW POSTER

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-200((WISHA))Job safety and health law poster.

((Your responsibility: To))You must post the ((WISHA))job safety and health law poster, which informs your employees of their job safety and health protection rights.

AMENDATORY SECTION(Amending WSR 02-16-047, filed 8/1/02, effective 10/1/02)

WAC 296-800-20005Post and keep a ((WISHA))job safety and health law poster in your workplace.

You must((:

•))post it where it can easily be seen by employees and keep it in good condition.

Note:	• Other programs within labor and industries may require other workplace posters. These are:
	– Job safety and health protection
	((AND))
	– Notice to employees—If a job injury occurs
	((AND))
	– Your rights as a nonagricultural worker
	• You can obtain a free copy of labor and industries posters from any labor and industries office or by printing it off our web site (((http://www.lni.wa.gov/ipub/101-054-000.htm))https://www.lni.wa.gov/FormPub/Detail.asp?DocID=1738). You can find the labor and industries office closest to you by:
	• Checking the resource section of this book for regional offices((.)); or
	((OR))
	– Calling 1-800-4BE SAFE (1-800-423-7233).
	((OR
	– http://www.lni.wa.gov/wisha/question.htm#contact.))

AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-21005Provide and maintain adequate lighting.

Note:

This section establishes minimal levels of lighting for safety purposes only. Guidelines pertaining to optimal levels of lighting and illumination may be found in Practice for Industrial Lighting, ANSI/IES RP7-1979. (See the resource section of this book on how to contact ANSI.)

(1) You must((:

•))Provide and maintain adequate lighting for all work activities in your workplace. See the following table.

Lighting Table
Activity	Minimum acceptable average lighting level in an area:	Any one single measurement used to determine the average lighting level* cannot be less than:
	(Foot-candles)	(Foot-candles)
Indoor task	10	5
Outdoor task	5	2.5
Nontask activities for both indoor and outdoor	3	1.5

*	Lighting levels must be measured at thirty inches above the floor/working surface at the task.

(2) You must((:

•))have adequate light for employees to see nearby objects that might be potential hazards or to see to operate emergency controls or other equipment, if general lighting is not available.

Note:	• Lighting levels can be measured with a light meter.
	• Conversion information: 1 foot-candle = 1 lumen incident per square foot = 10.76 lux.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-220Housekeeping, drainage, and storage—Summary.

Your responsibility:

To provide your employees with a clean, dry, pest-free workplace.

Note:

The introduction has important information about building, electrical and fire codes that may apply to you in addition to WISHA rules. See "How do the WISHA rules relate to building, fire, and electrical codes" in the introduction section of this book.

((You must:

Housekeeping

Keep your workplace clean.

WAC 296-800-22005.

Sweep and clean your workplace to minimize dust.

WAC 296-800-22010.

Keep your workplace free of obstacles that interfere with cleaning.

WAC 296-800-22015.

Control pests in your workplace.

WAC 296-800-22020.

Make sure floors are maintained in a safe condition.

WAC 296-800-22022.

Drainage

Keep your workroom floors dry, when practical.

WAC 296-800-22025.

Provide proper drainage.

WAC 296-800-22030.

Storage areas

Store things safely.

WAC 296-800-22035.

Control vegetation in your storage areas.

WAC 296-800-22040.))

You must meet the requirements …	in this section:
Housekeeping
Keep your workplace clean	WAC 296-800-22005
Sweep and clean your workplace to minimize dust	WAC 296-800-22010
Keep your workplace free of obstacles that interfere with cleaning	WAC 296-800-22015
Control pests in your workplace	WAC 296-800-22020
Make sure floors are maintained in a safe condition	WAC 296-800-22022
Drainage
Keep your workroom floors dry, when practical	WAC 296-800-22025
Provide proper drainage	WAC 296-800-22030
Storage areas
Store things safely	WAC 296-800-22035
Control vegetation in your storage areas	WAC 296-800-22040

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-22005Keep your workplace clean.

You must((:

•))keep all areas of you workplace, passageways, storage rooms, and service rooms in a clean, orderly and sanitary condition to the extent the nature of the work allows.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-22010Sweep and clean your workplace to minimize dust.

(1) You must((:

•))sweep and clean your workplace in a way that minimizes dust in the air as much as possible.

((•))(2) You must, when practical, clean after hours so that your employees are not exposed to dust in the air on the job.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-22015Keep your workplace free of obstacles that interfere with cleaning.

You must((:

•))keep your workplace clear of obstructions such as nails, splinters, loose boards and unnecessary holes and openings to make cleaning easier and more effective.

AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-22020Control pests in your workplace.

(1) You must((:

•))make sure each building in your workplace is constructed, equipped and maintained so it restricts pests from entering or living in it. Pests include animals such as:

((–))(a) Rodents (rats, mice, and squirrels).

((–))(b) Birds (starlings, pigeons, and swallows).

((–))(c) Insects (bees, wasps, and mosquitoes).

((•))(2) You must take steps to effectively control pests in your workplace, if they are detected.

((–)) Carry out a continuing and effective control program in the areas of your workplace where pests have been detected.

Note:

• By handling dead or live pests including their waste products, attached parasites and other contaminated materials, your employees may be exposed to certain health risks. These risks include, but are not limited to: Hanta virus, rabies, lyme disease and psittacosis. Contact your local L&I office (see resource section of this book) or the public health department for more information about health risks and proper pest handling and disposal techniques.

• "Workplace" includes storage areas.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-22022Make sure floors are maintained in a safe condition.

(1) You must((:

•))make sure floors are kept free of debris. This includes:

((–))(a) Buildings.

((–))(b) Platforms.

((–))(c) Walkways and driveways.

((–))(d) Storage yards.

((–))(e) Docks.

((•))(2) You must use a nonslip coating on all polished floors.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-22025Keep your workroom floors dry, when practical.

You must((:

•))do the following to help keep your employees dry if wet processes are used in your work area:

((–))(1) Maintain drainage away from the work area; and

((–))(2) Provide false floors, platforms, or other dry places where employees can stand, where practical((,)); or

((–))(3) Provide appropriate waterproof footgear.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-22030Provide proper drainage.

You must((:

•))provide all areas where employees work, such as yards, basements, or garages, with adequate drainage.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-22035Store things safely.

(1) You must((:

•))store materials so they do not create a hazard.

((•))(2) You must keep workplace storage areas free from accumulation of materials that could create hazards from tripping, fire, or explosion.

((•))(3) You must secure stored items such as bundles, containers, and bags to prevent them from falling, sliding, or collapsing by doing one or more of the following:

((–))(a) Stacking.

((–))(b) Racking.

((–))(c) Blocking.

((–))(d) Interlocking.

((–))(e) Otherwise securing them.

((•))(4) You must make sure stored items are limited in height so that they are stable and secure to prevent sliding or collapse.

Examples of Proper Material Storage

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-22040Control vegetation in your storage areas.

You must((:

•))control vegetation in your storage areas when necessary to create a safe working environment.

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-800-230Summary.

Your responsibility:

((To))You must provide safe drinking (potable) water, bathrooms, washing facilities, eating areas and garbage and waste disposal in your workplace.

((You must:))

General requirements for all workplaces.

((Drinking water

Provide safe drinking (potable) water in your workplace.

WAC 296-800-23005.

Clearly mark water outlets that are not fit for drinking (nonpotable).

WAC 296-800-23010.

Make sure systems delivering not fit for drinking (nonpotable) water prevent backflow into drinking water systems.

WAC 296-800-23015.

Bathrooms and washing facilities

Provide bathrooms for your employees.

WAC 296-800-23020.

Provide convenient, clean washing facilities.

WAC 296-800-23025.

Eating areas and food service

Make sure eating areas are safe and healthy.

WAC 296-800-23040.

Follow these requirements if you provide food service to your employees.

WAC 296-800-23045.

Garbage and waste disposal

Dispose of garbage and waste safely.

WAC 296-800-23050.

Remove garbage and waste in a way that does not create a health hazard.

WAC 296-800-23055.

Lunchrooms and personal service rooms

Provide a separate lunchroom if employees are exposed to toxic substances if they are allowed to eat and drink on the job site.

WAC 296-800-23060.

Provide showers when requiredfor employees working with chemicals.

WAC 296-800-23065.

Provide change rooms when required.

WAC 296-800-23070.

Make sure any work clothes you provide are dry.

WAC 296-800-23075.))

You must meet the requirements…	in this section:
Drinking water
Provide safe drinking (potable) water in your workplace	WAC 296-800-23005
Clearly mark water outlets that are not fit for drinking (nonpotable)	WAC 296-800-23010
Make sure that systems delivering not-fit-for-drinking (nonpotable) water prevent backflow into drinking water systems	WAC 296-800-23015
Bathrooms and washing facilities
Provide bathrooms for your employees	WAC 296-800-23020
Provide convenient and clean washing facilities	WAC 296-800-23025
Eating areas and food service
Make sure eating areas are safe and healthy	WAC 296-800-23040
Follow these requirements if you provide food service to your employees	WAC 296-800-23045
Garbage and waste disposal
Dispose of garbage and waste safely	WAC 296-800-23050
Remove garbage and waste in a way that does not create a health hazard	WAC 296-800-23055
Lunchrooms and personal service rooms
Provide a separate lunchroom if employees are exposed to toxic substances if they are allowed to eat and drink on the job site	WAC 296-800-23060
Provide showers when required for employees working with chemicals	WAC 296-800-23065
Provide change rooms when required	WAC 296-800-23070
Make sure any work clothes you provide are dry	WAC 296-800-23075

Note:

Some industries may have additional rules on bathrooms and washing facilities. Some examples include:

Industry	WAC
Agriculture; indoor sanitation and temporary labor camps	chapter 296-307 WAC
Carcinogens; general regulated area requirements	WAC 296-62-07308
Charter boats	WAC 296-115-050
Compressed air work	WAC 296-36-160(5)
Construction	WAC 296-155-140
Temporary labor camps	WAC 296-24-12507

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-800-23005Provide safe drinking (potable) water in your workplace.

((You must:)) (1) You must provide safe drinking (potable) water for employees for:

((•))(a) Washing themselves.

((•))(b) Personal service rooms.

((•))(c) Cooking.

((•))(d) Washing premises where food is prepared or processed.

((•))(e) Washing food, eating utensils, or clothing.

(2) You must make sure when providing movable or portable drinking water dispensers that they are:

((•))(a) Capable of being closed.

((•))(b) Kept in sanitary condition.

((•))(c) Equipped with a tap.

(3) You must prohibit employees from:

((•))(a) Using shared drinking cups or utensils.

((•))(b) Using open containers such as barrels, pails, and tanks that require employees to dip or pour drinking water, even if the containers have covers.

Definition:

((•)) Potable water ((is)). Water that you can safely drink that meets specific safety standards prescribed by the United States Environmental Protection Agency's National Interim Primary Drinking Water Regulations, published in 40 C.F.R. Part 141, and 40 C.F.R. 147.2400.

((•)) Personal service rooms are used for activities not directly connected with a business' production or service function such as first aid, medical services, dressing, showering, bathrooms, washing and eating.

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-800-23010Clearly mark the water outlets that are not fit for drinking (nonpotable).

((You must:)) (1) You must mark water outlets that are not fit for drinking (nonpotable), such as those used for industrial processes or firefighting, so they will not be used for:

((•))(a) Drinking.

((•))(b) Washing themselves, except in emergencies.

((•))(c) Cooking.

((•))(d) Washing food, eating utensils, or clothing.

(2) You must prohibit the use of nonpotable water containing substances that could create unsafe conditions such as:

((•))(a) Concentrations of chemicals, such as lead or chlorine.

((•))(b) Fecal coliform bacteria.

Note:	As long as the nonpotable water is free of substances that could create unsafe conditions, the water can be used for cleaning both:
	–Work premises used for activities other than food preparation or processing; and
	((and))
	–Personal service rooms, such as bathrooms.

Reference:

You may need to follow additional requirements for emergency washing facilities. See WAC 296-800-150 First aid, for more information.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-23015Make sure that systems delivering not-fit-for-drinking (nonpotable) water prevent backflow into drinking water systems.

You must((:

•))make sure that systems delivering not-fit-for-drinking (nonpotable) water prevent backflow into drinking water systems.

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-800-23020Provide bathrooms for your employees.

Exemption:	You do not have to provide bathrooms:
	For mobile crews or at work locations not normally attended by employees, if there is transportation immediately available to nearby bathrooms that meet the requirements of this section.

((You must:))

(1) You must provide bathrooms with the appropriate number of toilets for your employees at every workplace based on Table 1.

((•))(2) You must have an appropriate number of toilets for each gender, based on the number of male and female employees at your workplace.

((–)) For example, if you have thirty-seven men and seventeen women, you need to have three toilets for the men and two toilets for the women, based on Table 1.

((•))(3) You must make sure each toilet is in a separate compartment with a door and walls or partitions for privacy.

Table 1

Required Number of Employee Toilets at

Every Workplace

Maximum Number of Employees Present at Any One Time During a Shift	Minimum Number of Toilets Required
1 to 15	1
16 to 35	2
36 to 55	3
56 to 80	4
81 to 110	5
111 to 150	6
Over 150	One additional toilet for each additional 40 employees

Note:

A shared bathroom (multiple toilets without enclosures) counts as one toilet no matter how many toilets it contains. In bathrooms used only by men, urinals may be substituted for up to 1/3 of the required toilets.

((You must:

(2)))(4) You must provide toilet paper and a toilet paper roll holder for each toilet.

(((3)))(5) You must make sure bathrooms are maintained in a clean and sanitary condition.

(((4)))(6) You must make sure the sewage disposal method does not endanger the health of employees.

Exemption:	Separate bathrooms for men and women are not required if the bathroom:
	• Will only be occupied by one person at a time.
	• Can be locked from the inside.
	• Contains at least one toilet.

AMENDATORY SECTION(Amending WSR 12-24-071, filed 12/4/12, effective 1/4/13)

WAC 296-800-23025Provide convenient and clean washing facilities.

Exemption:	You do not have to provide washing facilities for:
	• Mobile crews or work locations not normally attended by employees, if there is immediately available transportation to nearby washing facilities that meet the requirements of this rule.

You must((:

•))provide convenient and clean washing facilities for employees including:

((–))(1) Sinks or basins for personal washing.

((–))(2) Hot and cold water, or lukewarm (tepid), running water in each sink and basin.

((–))(3) Hand soap or similar cleaning agents.

((–))(4) One of the following:

((•))(a) Individual paper or cloth hand towels.

((•))(b) Individual sections of clean continuous cloth toweling.

((•))(c) Air blowers for drying hands, located near the sinks and basins.

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-800-23040Make sure eating areas are safe and healthy.

((You must:)) (1) You must make sure employees are not allowed to eat and drink in:

((•))(a) Bathrooms.

((•))(b) Areas exposed to toxic substances.

(2) You must make sure food is not stored in bathrooms or areas exposed to toxic substances.

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-800-23045Follow these requirements if you provide food service to your employees.

((You must:

•))(1) You must make sure all food service facilities and operations you make available follow sound hygiene principles.

((•))(2) You must make sure the food is:

((–))(a) Unspoiled.

((–))(b) Protected from contamination during processing, preparation, handling, and storage.

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-800-23050Dispose of garbage and waste safely.

((You must:)) (1) You must make sure garbage containers are:

((•))(a) Kept in a clean and sanitary condition.

((•))(b) Made from smooth, corrosion resistant materials.

((•))(c) Easily cleaned or are disposable.

((•))(d) Equipped with a solid tight-fitting cover unless you can keep them in a sanitary condition without a cover.

(2) You must provide enough garbage containers to make sure they:

((•))(a) Are conveniently located to encourage their use.

((• Won't))(b) Will not be overfilled.

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-800-23055Remove garbage and waste in a way that does not create a health hazard.

You must((:

•))remove all sweepings, solid and liquid wastes, refuse, and garbage as often as needed to keep the workplace in a sanitary condition.

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-800-23060Provide a separate lunchroom if employees are exposed to toxic substances if they are allowed to eat and drink on the job site.

((You must:)) (1) You must provide a lunchroom separate from the work area if employees are exposed to toxic substances.

(2) You must use Table 2 to determine the required square footage in your lunchroom based on the number of employees using the room at any one time.

Table 2

Maximum Number of Employees Using Lunchroom at One Time

Number of Persons	Square Feet per Person
25 and less	13
26-74	12
75-149	11
150 and over	10

Note:

You do not have to provide a separate lunchroom if it is convenient for employees to leave the workplace to eat and drink.

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-800-23065Provide showers when required for employees working with chemicals.

((You must:

•))(1) You must provide showers for employees if:

((–))(a) They work with chemicals that could cause an occupational illness; and

((AND

–))(b) The chemicals remain on the skin between work shifts.

((•))(2) You must make sure employees who work with such chemicals shower at the end of their shifts.

((–))(a) Make sure showers have:

((•))(i) Soap or other cleansing agents.

((•))(ii) Hot and cold water with a common discharge line.

((–))(b) Provide individual, clean towels for each employee who is required to shower.

((•))(c) Provide at least one shower for every ten employees (or every fraction of 10) of each gender.

Note:

Table 3 shows the number of showers to provide based on a "fraction of 10."

Table 3

Number of Employees of Each Gender	Number of Showers
1-10	1
11-20	2
21-30	3
31-40	4
41-50	5

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-800-23070Provide change rooms when required.

((You must:

•))(1) You must provide change rooms when employees are required by a particular standard to wear protective clothing because of the possibility of contamination with toxic materials.

((•))(2) You must make sure change rooms have separate storage facilities for street clothes and protective clothing.

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-800-23075Make sure any work clothes you provide are dry.

You must((:

•))make sure when providing work clothes to employees that the clothing provided is dry if the clothing:

((–))(1) Gets wet during use; or

((OR

–))(2) Is washed before it is reused.

AMENDATORY SECTION(Amending WSR 06-22-023, filed 10/24/06, effective 12/1/06)

WAC 296-800-240Summary.

Your responsibility:

((To))You must eliminate exposure to environmental tobacco smoke in your office work environment.

((You must:

Prohibit tobacco smoke in your office work environment

WAC 296-800-24005.))

You must meet the requirements …	in this section:
Prohibit tobacco smoke in your office work environment	WAC 296-800-24005

Note:

This rule does not preempt any federal, state, municipal, or other local authority's regulation of indoor smoking that is more protective than this section.

Definition:	Office work environment is an indoor or enclosed occupied space where clerical work, administration, or business is carried out. In addition, it includes:
	• Other workplace spaces controlled by the employer and used by office workers, such as cafeterias, meeting rooms, and washrooms.
	• Office areas of manufacturing and production facilities, not including process areas.
	• Office areas of businesses such as food and beverage establishments, agricultural operations, construction, commercial trade, services, etc.

Link:

For work environments outside the office, contact your local health department using the link http://www.secondhandsmokesyou.com or by calling them directly.

AMENDATORY SECTION(Amending WSR 06-22-023, filed 10/24/06, effective 12/1/06)

WAC 296-800-24005Prohibit tobacco smoke in your office work environment.

Exemption: The minimum criteria specified in this rule do not apply to outdoor structures provided for smokers such as gazebos or lean-tos that maintain the twenty-five feet distance from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.

((You must:))

(1) You must prohibit smoking in your office work environment.

(2) You must use administrative controls to prevent tobacco smoke from entering your office from outside the building.

((•))(3) You must make sure that outside smoking areas used by your employees are at least twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.

AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-250Summary.

Your responsibility:

To make sure stairs used by employees are safe.

((You must:

Provide fixed stairs where required

WAC 296-800-25005

Provide stairs that minimize hazards

WAC 296-800-25010

Provide handrails and stair railings

WAC 296-800-25015.))

You must meet the requirements …	in this section:
Provide fixed stairs where required	WAC 296-800-25005
Provide stairs that minimize hazards	WAC 296-800-25010
Provide handrails and stair railings	WAC 296-800-25015

Exemptions:	This rule does not apply to:
	♦ Stairs used exclusively for fire exit purposes
	♦ Construction operations (See WAC 296-24-76503 for the specifications for the safe design and construction of fixed general industrial stairs.)
	♦ Private buildings or residences
	♦ Articulated stairs (for example, stairs used at a marina)
	♦ Nonindustrial and monumental stairs are excluded as they are not industrial stairs; however, when public and private building steps are located at loading or receiving docks, in maintenance areas, etc., or are used exclusively by employees, the requirements of this rule must apply.

Note:

AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-25005Provide fixed stairs where required.

(1) You must((:

•))install fixed stairs where:

((–))(a) Employees travel between different levels on a predictable and regular basis.

((–))(b) Access to platforms is required to give routine attention to equipment under operation.

((–))(c) Daily movement between elevations is required to gauge, inspect, and maintain equipment where those work assignments may expose employees to acids, caustics, gases, or other harmful substances.

((–))(d) Carrying tools or equipment by hand is a normal work requirement.

((•))(2) You must not use spiral stairways except as secondary exit routes.

Note:	• You can use fixed ladders for climbing elevated structures, such as tanks, towers, and overhead traveling cranes, when their use is common practice in your industry.
	• You can use winding stairways on tanks and similar round structures if the structure's diameter is at least five feet.
	• You could use a spiral stairway as an exit route in a restricted area that lacks room for a conventional stairway.

Definitions:	• A stairway or fixed stairs is a series of steps and landings:
	– Leading from one level or floor to another.
	– Leading to platforms, pits, boiler rooms, crossovers, or around machinery, tanks, and other equipment.
	– Used more or less continuously or routinely by employees or only occasionally by specific individuals.
	– With three or more risers.
	• A riser is the vertical part of the step at the back of a tread that rises to the front of the tread above.
	• A tread is the horizontal part of the step. Tread width is the distance from the front of the tread to the back.

Stair Components

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-25010Provide stairs that minimize hazards.

((You must:)) (1) You must make sure stairs have slip-resistant treads.

(2) You must make sure that stairs with four or more risers have:

((•))(a) Railings on the open sides of all exposed stairways and stair platforms.

((•))(b) Handrails on at least one side of closed stairways, preferably on the right side while descending.

(3) You must provide a platform where doors or gates open directly on a stairway. The swing of the door must not reduce the effective width of the platform to less than 20 inches.

Note:

To see all of the rules for building fixed stairs, refer to WAC 296-24-75011 and 296-24-765 of the General safety and health standard.

AMENDATORY SECTION(Amending WSR 02-16-047, filed 8/1/02, effective 10/1/02)

WAC 296-800-25015Provide handrails and stair railings.

Exemption:

Vehicle service pit stairways are exempt from the rules for stairway railing and guards, if they would prevent a vehicle from moving into a position over the pit.

Definition:	• A handrail is a single bar or pipe on brackets from a wall or partition to provide a continuous handhold for persons using a stair.
	• A stair railing is a vertical barrier attached to a stairway with an open side, to prevent falls. The top surface of the stair railing is used as a handrail.

(1) You must((:

•))make sure stairways less than forty-four inches wide have:

((–))(a) At least one handrail, preferably on your right side as you go down the stairs, if both sides are enclosed((.

–)); or

(b) At least one stair railing on the open side, if one side is open((.

–)); or

((•))(2) You must make sure stairways more than forty-four inches wide but less than eighty-eight inches wide have:

((–))(a) One handrail on each enclosed side.

((–))(b) One stair railing on each open side.

((•))(3) You must make sure stairways at least eighty-eight inches wide have:

((–))(a) One handrail on each enclosed side.

((–))(b) One stair railing on each open side.

((–))(c) One intermediate stair railing located approximately midway of the width.

((•))(4) You must equip winding stairs with a handrail, offset to prevent walking on all portions of the treads, less than six inches wide.

Reference:

Railings must consist of a top rail, intermediate rail, and posts. To see all of the rules for building handrails and stairway railings, refer to WAC 296-24-75011, of the general safety and health standard.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-260Summary.

Your responsibility:

To safely guard floor openings, floor holes, and open-sided floors in your workplace.

((You must:

Guard or cover floor openings and floor holes.

WAC 296-800-26005.

Protect open-sided floors and platforms.

WAC 296-800-26010.))

You must meet the requirements …	in this section:
Guard or cover floor openings and floor holes	WAC 296-800-26005
Protect open-sided floors and platforms	WAC 296-800-26010

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-26005Guard or cover floor openings and floor holes.

Definition:

A floor opening is an opening in any floor, platform, pavement, or yard that measures at least twelve inches in its smallest dimension and through which a person can fall.

Examples of floor openings are:

	• Hatchways
	• Stair or ladder openings
	• Pits
	• Large manholes.
	The following are not considered floor openings:
	• Openings occupied by elevators
	• Dumbwaiters
	• Conveyors
	• Machinery
	• Containers
	A floor hole is an opening in any floor, platform, pavement, or yard that measures at least one inch but less than twelve inches at its smallest dimension and through which materials and tools (but not people) can fall.
	Examples of floor holes are:
	• Belt holes
	• Pipe openings
	• Slot openings

((You must:))

(1) You must guard stairway floor openings, temporary floor openings and floor holes.

((•))(a) Protect all stairway floor openings with a railing. The railing must protect all open sides except the stairway entrance side.

((•))(b) Use a hinged cover and a removable railing where traffic across an infrequently used stairway floor opening prevents the installation of a fixed railing. This removable railing must protect all open sides except the stairway entrance side.

((•))(c) Protect temporary floor openings by either a railing or by a person who constantly attends the opening.

((•))(d) Protect exposed floor holes into which a person can accidentally walk by either:

((–))(i) A railing with a toeboard on all open sides; or

((–))(ii) A floor hole cover of standard strength and construction that can be hinged in place. When a floor hole cover is not in place, the hole must be protected by a removable railing or constantly attended by someone.

((•))(e) Provide covers for floor openings. Floor opening covers may be of any material that has a safety factor of four, or is strong enough to hold up to four times the intended load. Covers that do not project more than one inch above the floor level may be used providing all edges are beveled (slanted) to prevent tripping. All hinges, handles, bolts, or other parts of a cover must set flush with the floor or cover surface.

(2) You must prevent tools and materials from falling through a floor hole. The floor hole must be protected by a cover that leaves an opening no more than one inch wide and is securely held in place. This applies only to floor holes that persons cannot accidentally walk into on account of fixed machinery, equipment, or walls.

AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-26010Protect open-sided floors and platforms.

((You must:))

(1) You must guard open-sided floors and platforms.

((•))(a) Guard open-sided floors and platforms four feet or more above adjacent floor or ground level by a railing. The entrance to a ramp, stairway, or fixed ladder does not need a railing.

((•))(b) Guard open-sided floors, walkways and platforms above or adjacent to dangerous equipment, pickling or galvanizing tanks, degreasing units, and other similar hazards, regardless of height with a railing and toeboard.

(2) You must make sure tools and loose materials are not left on overhead platforms and scaffolds.

Note:	• Where the guarding rules above do not apply because employees exposure to falls is infrequent (not on a predictable and regular basis), you must comply with the Personal Protective Equipment (PPE) rules (WAC 296-800-160) or other effective fall protection must be provided.
	• You can find the minimum requirements for standard railings of various types of construction in WAC 296-24-75011.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-270Summary.

Your responsibility:

To make sure that the buildings, floors, and other structures in your workplace are safe, well-built, and not overloaded.

((You must:

Not overload floors or roofs

WAC 296-800-27005.

Make sure that floors are safe

WAC 296-800-27010.

Make sure floors can support equipment that moves or has motion

WAC 296-800-27015.

Post approved load limits (weight limits) for floors

WAC 296-800-27020.))

You must meet the requirements …	in this section:
Do not overload floors or roofs	WAC 296-800-27005
Make sure that floors are safe	WAC 296-800-27010
Make sure floors can support equipment that moves and has motion	WAC 296-800-27015
Post approved load limits (weight limits) for floors	WAC 296-800-27020

Note:

The introduction has important information about fire, building and electrical codes that may apply to you in addition to WISHA rules. See "How do the WISHA rules relate to fire, building and electrical codes" in the introduction section of this book.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-27005Do not overload floors or roofs.

You must((:

•))prohibit overloading roofs and floors of any building or other structure with more weight than is approved by the building official.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-27010Make sure that floors are safe.

(1) You must((:

•))make sure that floors including their parts and structural members are safe.

((•))(2) You must make sure floors are of substantial construction and kept in good repair. This includes floors of:

((–))(a) Buildings.

((–))(b) Platforms.

((–))(c) Walks and driveways.

((–))(d) Storage yards.

((–))(e) Docks.

((•))(3) You must make sure that structures are designed, constructed, and maintained to provide a safety factor of 4 times the imposed maximum strain.

((–))(4) If you notice bowing, cracking, or other indications of excessive strain on a structure, you must take action to make sure it is safe.

Note:

This rule applies to all buildings or those that have had complete or major changes or repairs built after 5/7/74.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-27015Make sure floors can support equipment that moves or has motion.

You must((:

•))make sure flooring of buildings, ramps, docks, trestles and other fixed structures that supports equipment that moves or has motion such as vibration, must not be less than two and one-half inch material.

Note:

Where flooring is covered by steel floor plates, 2-inch material may be used.

AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-27020Post approved load limits (weight limits) for floors.

(1) You must((:

•))post approved load limits (weight limits) for floors used for mercantile, business, industrial or storage purposes in an obvious place.

((•))(2) You must as the owner, or owner's agent, of a building (or other part of a workplace) post the load approved by the building official by:

((–))(a) Supplying and affixing a durable metal sign that is marked with the approved load.

((–))(b) Placing the metal sign in an obvious spot in the space to which it applies.

((–))(c) Replacing the metal sign if it is lost, defaced, damaged, or removed.

Note:

This rule applies to the floor that supports shelving, but not to the shelves themselves.

AMENDATORY SECTION(Amending WSR 12-16-064, filed 7/31/12, effective 9/1/12)

WAC 296-800-280Basic electrical rules.

Summary.

Your responsibility:

To protect your employees from hazards when working with electrical equipment, tools, and appliances.

((You must:

Inspect all electrical equipment your employees use to make sure the equipment is safe.

WAC 296-800-28005.

Make sure all electrical equipment is used for its approved or listed purpose.

WAC 296-800-28010.

Make sure electrical equipment used or located in wet or damp locations is designed for such use.

WAC 296-800-28015.

Make sure electrical equipment that is not marked by the manufacturer cannot be used.

WAC 296-800-28020.

Identify disconnecting means.

WAC 296-800-28022.

Maintain electrical fittings, boxes, cabinets, and outlets in good condition.

WAC 296-800-28025.

Maintain all flexible cords and cables in good condition and use safely.

WAC 296-800-28030.

Guard electrical equipment to prevent your employees from electrical hazards.

WAC 296-800-28035.

Make sure electrical equipment is effectively grounded.

WAC 296-800-28040.

Make sure electrical equipment has overcurrent protection.

WAC 296-800-28045.))

You must meet the requirements …	in this section:
Inspect all electrical equipment your employees use to make sure the equipment is safe	WAC 296-800-28005
Make sure all electrical equipment is used for its approved or listed purpose	WAC 296-800-28010
Make sure electrical equipment used or located in wet or damp locations is designed for such use	WAC 296-800-28015
Make sure electrical equipment that is not marked is not used	WAC 296-800-28020
Identify disconnecting means	WAC 296-800-28022
Maintain electrical fittings, boxes, cabinets, and outlets in good condition	WAC 296-800-28025
Working space around electrical equipment	WAC 296-800-28027
Maintain all flexible cords and cables in good condition and use safely	WAC 296-800-28030
Guard electrical equipment to prevent your employees from electrical hazards	WAC 296-800-28035
Make sure electrical equipment is effectively grounded	WAC 296-800-28040
Make sure electrical equipment has overcurrent protection	WAC 296-800-28045

Exemptions:	•These rules apply to all electrical equipment used in the workplace, except for:
	– Electrical installations and equipment on ships, watercraft, railway rolling stock, aircraft and all automotive vehicles other than mobile homes and recreational vehicles.
	– Electrical installations and equipment used to generate, transmit, transform or distribute power exclusively for operation of rolling stock.
	– Electrical installations of railways used exclusively for signaling and communication purposes.
	– Installations underground in mines.
	– Installations of communication equipment under the exclusive control of communications utilities, located outdoors or in building spaces used exclusively for such installations.
	– Installations controlled and used exclusively by electric utilities for:
	■ Communication or metering purposes; or
	■ Generating, controlling, transforming, transmitting and distributing electric energy that are located:
	♦ In buildings used exclusively by the utility for such purposes; or
	♦ Outdoors on property owned or leased by the utility; or
	♦ On public highways, streets and roads; or
	♦ Outdoors by established rights on private property.

Note:	• The introduction has important information about fire, building and electrical codes that may apply to you in addition to WISHA rules. See "How do the WISHA rules relate to fire, building and electrical codes" in the introduction section of this book.
	• These rules guide how electrical equipment is used and maintained in your workplace. They should not be used in place of your local electrical codes if you are installing electrical wiring, electrical circuits or electrical distribution equipment.
	• This rule applies to 600 volts or less. Requirements for specific equipment or special installation are found in chapter 296-24 WAC, Part L.

AMENDATORY SECTION(Amending WSR 12-16-064, filed 7/31/12, effective 9/1/12)

WAC 296-800-28005Inspect all electrical equipment your employees use to make sure the equipment is safe.

You must((:

•))inspect electrical equipment to make sure there are no recognized hazards likely to cause death or serious physical harm to employees. Determine the safety of the equipment by considering the following:

Suitability for installation and use as evidenced by:

((–))(1) Approved or listed by a recognized testing laboratory, such as Underwriters Laboratories (UL) or other approving agency.

((–))(2) Labeled or listed for the purpose it is being used.

((–))(3) Mechanical strength and durability, including the adequacy of the protection provided by parts designed to enclose and protect other equipment.

((–))(4) Wire-bending and connection space.

((–))(5) Electrical insulation.

((–))(6) Heating effects under all conditions of use.

((–))(7) Arcing effects.

((–))(8) Classification by type, size, voltage, current capacity, and specific use.

((–))(9) Other factors that contribute to the practical safeguarding of persons using or likely to come in contact with the equipment.

AMENDATORY SECTION(Amending WSR 12-16-064, filed 7/31/12, effective 9/1/12)

WAC 296-800-28010Make sure all electrical equipment is used for its approved or listed purpose.

Definitions:	• Electrical outlets are places on an electric circuit where power is supplied to equipment through receptacles, sockets and outlets for attachment plugs.
	• Receptacles are outlets that accept a plug to supply electric power to equipment through a cord or cable.

(1) You must((:

•))make sure electrical outlets have an ampere rating that is not less than the electrical load to be served.

((•))(2) You must make sure the proper mating configuration exists when connecting the attachment plug to a receptacle.

((•))(3) You must make sure electrical outlets, cord connectors, attachment plugs and receptacles will not accept an attachment plug with a different voltage or current rating than that for which the device is intended.

Note:

A 20-ampere T-slot receptacle or cord connector may accept a 15-ampere attachment plug of the same voltage rating.

AMENDATORY SECTION(Amending WSR 12-16-064, filed 7/31/12, effective 9/1/12)

WAC 296-800-28015Make sure electrical equipment used or located in wet or damp locations is designed for such use.

(1) You must((:

•))make sure fixtures and receptacles located in wet or damp locations are approved for such use. They must be constructed or installed so that water cannot enter or accumulate in wireways, lampholders, or other electrical parts.

((•))(2) You must make sure cabinets, cutout boxes, fittings, boxes, and panelboard enclosures in damp or wet locations are:

((–))(a) Installed to prevent moisture or water from entering and accumulating inside.

((–))(b) Mounted so there is at least a 1/4 inch airspace between the enclosure and the wall or other supporting surface. Nonmetallic enclosures may be installed on a concrete, masonry, tile, or similar surface without the airspace.

((–))(c) Weatherproof when used in wet locations.

Switches, circuit breakers, and switchboards located in wet locations must be in weatherproof enclosures.

AMENDATORY SECTION(Amending WSR 12-16-064, filed 7/31/12, effective 9/1/12)

WAC 296-800-28020Make sure electrical equipment that is not marked is not used.

((You must:

•))(1) Electric equipment may not be used unless the following markings have been placed on the equipment:

((–))(a) The manufacturer's name, trademark, or other descriptive marking by which the organization responsible for the product may be identified; and

((and

–))(b) Voltage, current and wattage, or other ratings as necessary.

((•))(2) You must make sure markings are durable and appropriate to the environment.

AMENDATORY SECTION(Amending WSR 12-16-064, filed 7/31/12, effective 9/1/12)

WAC 296-800-28022Identify disconnecting means.

(1) You must((:

•))make sure the disconnecting means (such as on/off switches and circuit breakers) is marked to show when it is open and closed and what equipment it controls, unless located and arranged so the purpose is obvious.

((•))(2) You must install the disconnecting means at a readily accessible location nearest the point of entrance of the service-entrance conductors.

((•))(3) You must make sure the disconnecting means for each motor and appliance is marked, at the disconnecting means or overcurrent device, to show when the circuit is open and closed and what circuit it controls, unless located and arranged so the purpose is obvious.

((•))(4) You must make sure each service, feeder and branch circuit is marked, at its disconnecting means or overcurrent device, to show when the circuit is open and closed and what circuit it controls, unless located and arranged so the purpose is obvious.

((•))(5) You must make sure markings are durable and appropriate to the environment.

AMENDATORY SECTION(Amending WSR 12-16-064, filed 7/31/12, effective 9/1/12)

WAC 296-800-28025Maintain electrical fittings, boxes, cabinets and outlets in good condition.

You must((:))do the following when using covers and openings:

((•))(1) When conductors enter boxes, cabinets, or fittings:

((–))(a) Protect the conductor (wires) from abrasion.

((–))(b) Effectively close the openings where conductors enter.

((–))(c) Effectively close all unused openings.

((•))(2) Provide pull boxes, junction boxes, and fittings with covers approved for the purpose.

((•))(3) Make sure each outlet box has a cover, faceplate, or fixture canopy in completed installations.

((•))(4) Make sure covers for outlet boxes with openings for flexible cord pendants have bushings to protect the cord, or have a smooth and well rounded surface where the cord touches the opening.

((•))(5) Ground metal covers.

AMENDATORY SECTION(Amending WSR 12-16-064, filed 7/31/12, effective 9/1/12)

WAC 296-800-28027Working space around electrical equipment.

This section applies to equipment that operates at 600 volts or less.

(1) You must provide and maintain sufficient access and working space around all electrical equipment to permit ready and safe operation and maintenance of the equipment.

(2) You must make sure equipment likely to require examination, adjustment, servicing, or maintenance while energized has:

((•))(a) Working space in front of the equipment that is equal to the width of the equipment or thirty inches, whichever is greater.

((•))(b) Sufficient working space to permit equipment doors or hinged panels to open at least 90 degrees.

((•))(c) Working space in the direction of access to live parts that is not less than that listed in Table XX. Distances are measured from the live parts if they are exposed or from the enclosure front or opening if they are enclosed.

((•))(d) Clear working space about service equipment, switchboards, panelboards, or motor control centers that extends from the grade, floor, or platform to a height of:

((–))(i) 6.25 Feet for installations built before August 13, 2007.

((–))(ii) 6.5 Feet for installations built on or after August 13, 2007. If the height of the equipment is greater than 6.5 feet, the minimum headroom may not be less than the height of the equipment.

Note:

• Other equipment associated with the electrical installation and located above or below the electric equipment may extend not more than 6 inches beyond the front of the electric equipment.

(3) You must make sure working space is:

((•))(a) Not used for storage.

((•))(b) Suitably guarded when normally enclosed live parts are exposed for inspection or servicing in a passageway or general open space.

(4) You must provide at least one entrance of sufficient area to give access to the working space about electric equipment.

(5) You must provide adequate lighting (WAC 296-800-210) for all working spaces about service equipment, switchboards, panelboards, and motor control centers installed indoors. In electric equipment rooms, the illumination must not be controlled by automatic means only.

((•)) This table shows the area you must keep clear depending on the layout of the electrical equipment.

Table XX

Conditions2		Minimum Clear Distance3		Minimum Clear Distance3
		0 - 150 volts to ground		151 - 600 volts to ground
	A1		3 ft.		3 ft.
	B		3 ft.1		3 1/2 ft.
	C		3 ft.		4 ft.

1.	Minimum clear distances may be 0.7 m (2.5 ft) for installations built before April 16, 1981.
2.	Conditions A, B, and C are as follows:
	A = Exposed live parts on one side and no live or grounded parts on the other side of the working space, or exposed live parts on both sides effectively guarded by suitable wood or other insulating material. Insulated wire or insulated bus bars operating at not over 300 volts aren't considered live parts.
	B = Exposed live parts on one side and grounded parts on the other side.
	C = Exposed live parts on both sides of the workspace (not guarded as provided in condition A with the operator between the panels).
3.	Working space is not required in back of assemblies such as dead-front switchboards or motor control centers where there are no renewable or adjustable parts (such as fuses or switches) on the back and where all connections are accessible from locations other than the back. Where rear access is required to work on deenergized parts on the back of enclosed equipment, a minimum working space of 30 in. horizontally ((shall))must be provided.

AMENDATORY SECTION(Amending WSR 12-16-064, filed 7/31/12, effective 9/1/12)

WAC 296-800-28030Maintain all flexible cords and cables in good condition and use safely.

Exemption:

These rules do not apply to cords and cables that are an internal part of factory assembled appliances and equipment, like the windings on motors or wiring inside electrical panels.

Note:

Flexible cords and cables are typically used to connect electrical equipment to a power source. These cords can have an electrical plug to connect to a power source or can be permanently wired into the power source. The terms flexible cords, extension cord, cables and electrical cords all refer to a type of flexible cord.

((You must:))

(1) You must perform visual inspections.

((•)) On portable cord- and plug-connected equipment and extension cords before use on each work shift. Defects and damage to look for include:

((–))(a) Loose parts.

((–))(b) Deformed or missing pins.

((–))(c) External defects and damage.

((–))(d) Damage to the outer covering or insulation.

((–))(e) Pinched or crushed covering or insulation that might indicate internal damage.

Exemption:

You do not need to visually inspect portable cord- and plug-connected equipment and extension cords that stay connected once in place and are not exposed to damage until they are moved.

(2) You must((:

•))remove from service any defective or damaged cord until repaired and tested.

(((2)))(3) You must use((.

• Use)) flexible cords only as follows:

((–))(a) Wiring of equipment and appliances.

((–))(b) Data processing cables approved as a part of the data processing system.

((–))(c) Pendants.

((–))(d) Wiring for fixtures.

((–))(e) Connecting portable lamps or appliances to an approved outlet with an attachment plug.

((–))(f) Connecting stationary equipment that is frequently changed with an attachment plug energized from an approved outlet.

((–))(g) Preventing noise or vibration transmission.

((–))(h) Appliances where the fastening means and mechanical connections are designed to permit removal for maintenance and repair if the appliance is equipped with an attachment plug energized from an approved outlet.

((–))(i) Elevator cables.

((–))(j) Wiring of cranes and hoists.

((–))(k) Portable and mobile signs.

((–))(l) Connection of moving parts.

Common Acceptable Uses of Flexible Cords

Note:

Extension cords (flexible cord sets) may be used on a temporary basis if you follow the rules described in the temporary use section, WAC 296-800-28030(3).

(4) You must((:

•))make sure flexible cords are ((NOT))not:

((–))(a) Used as a substitute for fixed wiring of a structure.

((–))(b) Run through holes in walls, ceilings, or floors.

((–))(c) Run through doorways, windows, or similar openings.

((–))(d) Attached to building surfaces.

((–))(e) Concealed behind building walls, ceilings, or floors.

((–))(f) Used to raise or lower equipment.

((•))(5) You must make sure flexible cords and cables are approved and suitable for:

((–))(a) The way they will be used.

((–))(b) The location where they will be used.

((• Do))(6) You must not fasten or hang cords and equipment in any way that could cause damage to the outer jacket or insulation of the cord.

((•))(7) You must make sure insulation on flexible cords and cables is intact.

((•))(8) You must make sure flexible cords and electrical cords are:

((–))(a) Connected to devices and fittings so that any pulling force on the cord is prevented from being directly transmitted to joints or terminal screws on the plug.

((–))(b) Used only in continuous lengths without splice or tap.

Note:

Hard service flexible cords No. 12 or larger may be repaired or spliced if the insulation, outer sheath properties, and use characteristics of the cord are retained.

((•))(9) You must prohibit your employees from using wet hands to plug or unplug equipment or extension cords if the equipment is energized.

(((3)))(10) You must provide the following for temporary use.

((•))(a) Make sure temporary electrical power and lighting installations that operate at 600 volts or less are used only:

((–))(i) During and for remodeling, maintenance, repair or demolition of buildings, structures, or equipment, and similar activities.

((–))(ii) For experimental or developmental work.

((–))(iii) During emergencies.

((–))(iv) For no more than ninety days for:

((♦))(A) Christmas decorative lighting.

((♦))(B) Carnivals.

((♦))(C) Other similar purposes.

((•))(b) Make sure flexible cords and cables are protected from accidental damage as might be caused, for example, by sharp corners, projections, and doorways or other pinch points.

((•))(c) Remove temporary wiring immediately upon completion of the project or purpose for which the wiring was installed.

AMENDATORY SECTION(Amending WSR 12-16-064, filed 7/31/12, effective 9/1/12)

WAC 296-800-28035Guard electrical equipment to prevent your employees from electrical hazards.

((You must:)) (1) You must guard live parts of electric equipment operating at 50 volts or more against accidental contact by any of the following means:

((•))(a) By approved cabinets or other forms of approved enclosures.

((•))(b) By location in a room, vault, or similar enclosure that is accessible only to employees qualified to work on the equipment. Entrances to rooms and other guarded locations containing exposed live parts must be marked with conspicuous warning signs forbidding unqualified persons to enter.

((•))(c) By permanent, substantial partitions or screens so that only employees qualified to work on the equipment will have access within reach of the live parts. Any openings must prevent accidental contact with live parts by employees or objects employees carry.

((•))(d) By location on a balcony, gallery, or platform that will exclude unqualified persons.

((•))(e) By being located eight feet or more above the floor or other working surface.

(2) You must make sure all electrical appliances, fixtures, lampholders, lamps, rosettes, and receptacles do not have live parts normally exposed to employee contact.

((–)) Rosettes and cleat type lampholders at least 8 feet above the ground may have exposed parts.

(3) In locations where electric equipment would be exposed to physical damage, enclosures or guards must be so arranged and of such strength as to prevent such damage.

Live Parts Guarded by Distance

(4) You must mark entrances to rooms and other guarded locations containing exposed live parts with conspicuous warning signs forbidding unqualified persons to enter.

AMENDATORY SECTION(Amending WSR 12-16-064, filed 7/31/12, effective 9/1/12)

WAC 296-800-28040Make sure electrical equipment is effectively grounded.

(1) You must((:

•))make sure the path to ground from circuits, equipment, and enclosures is permanent, continuous, and effective.

((•))(2) You must make sure exposed noncurrent-carrying metal parts of cord- and plug-connected equipment that may become energized are grounded under any of the following conditions:

((–))(a) If operated at over 150 volts to ground, except for guarded motors and metal frames of electrically heated appliances if the appliance frames are permanently and effectively insulated from ground.

((–))(b) Equipment in hazardous locations. (WAC 296-24-95613)

((–))(c) If the equipment is of the following types:

((–))(i) Hand-held motor-operated tools.

((–))(ii) Stationary and fixed motor-operated tools.

((–))(iii) Light industrial motor-operated tools.

((–))(iv) Refrigerators.

((–))(v) Freezers.

((–))(vi) Air conditioners.

((–))(vii) Clothes washers and dryers.

((–))(viii) Dishwashers.

((–))(ix) Electrical aquarium equipment.

((–))(x) Sump pumps.

((–))(xi) Hedge clippers.

((–))(xii) Electric lawn mowers.

((–))(xiii) Electric snow blowers.

((–))(xiv) Wet scrubbers.

((–))(xv) Tools likely to be used in damp or wet locations.

((–))(xvi) Appliances used by employees standing on the ground, on metal floors or working inside of metal tanks or boilers.

((–))(xvii) Portable hand lamps.

((–))(xviii) Portable and mobile X-ray and associated equipment.

((–))(xix) Tools likely to be used in wet and conductive locations.

Note:

Grounding can be achieved by using tools and appliances equipped with an equipment grounding conductor (three-prong plug and grounded electrical system).

(3) You must((:

•))make sure exposed metal parts of fixed equipment that do not conduct electricity, but may become energized, are grounded under any of the following conditions:

((–))(a) If the equipment is in a wet or damp location and is not isolated.

((–))(b) If within 8 feet vertically or 5 feet horizontally of ground or grounded metal objects and subject to employee contact.

((–))(c) If in electrical contact with metal.

((–))(d) If in a hazardous (classified) location.

((–))(e) If supplied by a metal-clad, metal-sheathed, or grounded metal raceway wiring method.

((–))(f) If equipment operates with any terminal at over 150 volts to ground.

((•))(4) You must make sure a conductor used as a grounded conductor is identifiable and distinguishable from all other conductors.

((•))(5) You must make sure a conductor used as an equipment grounding conductor is identifiable and distinguishable from all other conductors.

((•))(6) You must make sure grounded conductors are not attached to any terminal or lead so as to reverse polarity of the electrical outlet or receptacle. See illustration - Examples of wiring.

((•))(7) You must make sure grounding terminals or grounding-type devices on receptacles, cords, connectors, or attachments plugs are not used for purposes other than grounding.

Examples of Wiring

CORRECT WIRING

INCORRECT WIRING

AMENDATORY SECTION(Amending WSR 12-16-064, filed 7/31/12, effective 9/1/12)

WAC 296-800-28045Make sure electrical equipment has overcurrent protection.

(1) You must((:

•))make sure all electrical circuits that are rated at 600 volts or less have overcurrent protection.

((•))(2) You must protect conductors and equipment from overcurrent according to their ability to safely conduct electrical current.

((•))(3) You must make sure overcurrent devices do not interrupt the continuity of grounded conductors unless all conductors are opened at the same time, except for motor running overload protection.

((–))(a) Locate or shield fuses and circuit breakers so that employees will not be burned or otherwise injured by their operation.

((–))(b) Make sure handles or levers of circuit breakers, and similar parts that may move suddenly in such a way that persons in the vicinity are likely to be injured by being struck by them, are guarded or isolated.

((•))(4) You must make sure the following fuses and thermo cutouts have disconnecting means:

((–))(a) All cartridge fuses accessible to nonqualified persons.

((–))(b) All fuses in circuits over 150 volts to ground.

((–))(c) All thermal cutouts on circuits over 150 volts to ground.

((•))(5) The disconnecting means must be installed so you can disconnect the fuses or thermal cutouts without disrupting service to equipment and circuits unrelated to those protected by the overcurrent device.

((•))(6) You must provide easy access to overcurrent devices for each employee or authorized building management personnel.

((•))(7) You must locate overcurrent devices:

((–))(a) Away from easily ignitable material.

((–))(b) Where they are not exposed to physical damage.

((•))(8) You must make sure circuit breakers clearly indicate whether they are open (off) or closed (on).

((•))(9) You must install circuit breakers that operate vertically so the handle is in the "up" position when the breaker is closed (on).

((–)) Circuit breakers used as switches in 120-volt, fluorescent lighting circuits must be approved for that purpose and marked "SWD."

AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-300Summary—Portable fire extinguishers.

Important:

The following WISHA rule applies to the placement, use, maintenance, and testing of portable fire extinguishers provided for the use of employees. Your local fire marshal also enforces fire codes which address fire safety that are more comprehensive and may go beyond WISHA rules.

Your responsibility:

To provide readily accessible, appropriate portable fire extinguishers for employees in your workplace.

((You must:

Provide portable fire extinguishers in your workplace

WAC 296-800-30005

Select and distribute portable fire extinguishers in your workplace

WAC 296-800-30010

Make sure that portable fire extinguishers are kept fully charged, in good operating condition, and left in their designated places

WAC 296-800-30015

Inspect and test all portable fire extinguishers

WAC 296-800-30020

Train your employees to use portable fire extinguishers

WAC 296-800-30025))

You must meet the requirements …	in this section:
Provide portable fire extinguishers in your workplace	WAC 296-800-30005
Select and distribute portable fire extinguishers in your workplace	WAC 296-800-30010
Make sure that portable fire extinguishers are kept fully charged, in operable condition, and left in their designated places	WAC 296-800-30015
Inspect and test all portable fire extinguishers	WAC 296-800-30020
Train your employees to use portable fire extinguishers	WAC 296-800-30025

Exemptions:

• You are exempt from the requirements of portable fire extinguishers if you have the following:

– A written fire safety policy that requires the immediate and total evacuation of employees from the workplace when there is a fire alarm signal((,

AND)); and

– An emergency action plan and a fire prevention plan which meet the requirements of WAC 296-24-567; and

((AND))

– Portable fire extinguishers in your workplace that are not accessible for employee use

• If another WISHA rule requires portable fire extinguishers, then you must comply with these requirements.

• Where extinguishers are provided but are not intended for employee use and you have an emergency action plan and a fire prevention plan (which meet the requirements of WAC 296-24-567), then only the requirements of WAC 296-800-30020 apply.

Note:

The introduction has important information about building, electrical and fire codes that may apply to you in addition to WISHA rules. See "How do the WISHA rules relate to building, fire and electrical codes" in the introduction section of this book.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-30005Provide portable fire extinguishers in your workplace.

((You must:)) (1) You must provide approved portable fire extinguishers for your workplace and distribute them so they are readily accessible.

((•)) Make sure that your portable fire extinguisher does not use extinguishing agents such as carbon tetrachloride or chlorobromomethane extinguishing agents. In addition, soda-acid foam, loaded stream, antifreeze and water extinguishers of the inverting type ((shall))must not be recharged or placed into service.

(2) You must mount, locate, and identify portable fire extinguishers so employees can easily reach them, without being subjected to possible injury.

AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-30010Select and distribute portable fire extinguishers in your workplace.

Exemption:

• This does not apply to the portable fire extinguishers provided for employees to use outside of workplace buildings or structures.

• You are exempt from the distribution requirements of this rule if you have an emergency action plan (that meets requirements of WAC 296-24-567):

– Which designates certain employees to be the only employees authorized to use the available portable fire extinguishers; and

– Requires all other employees in the fire area to immediately evacuate the affected work area upon the sounding of the fire alarm.

You must((:

•))provide the correct type of portable fire extinguishers and distribute them in your workplace, depending on the type, size, and severity of fire that could occur.

((–)) The type of portable fire extinguishers you must have in your workplace depends on the types of fire hazards that exist in your workplace.

Fire Extinguisher Distance Table

Type of fire hazard extinguisher	Maximum distance from the fire hazard to a fire extinguisher
Type of fire hazard Wood, cloth, paper, rubber (Class A fire hazards)	No more than 75 feet (22.9 m) Note: You may use uniformly spaced standpipe systems or hose stations instead of Class A portable fire extinguishers, if they meet the requirements of WAC 296-24-602 or 296-24-607.
Liquids, grease, gases (Class B fire hazards)	No more than 50 feet (15.2 m) Note: You may choose to use a smaller fire extinguisher in lieu of that required for the 50 foot distance. If you choose to have the smaller fire extinguisher, the travel distance must not be greater than 30 feet. See UFC Standard 10 Chapter 3 for the basic minimum extinguisher rating allowed.
Live electrical equipment and circuits (Class C fire hazards)	Distribute any Class C portable fire extinguishers the same pattern that you have for any Class A or Class B fire hazards. Note: If the electrical equipment is deenergized, you may use a Class A or Class B portable fire extinguisher.
Powder, flakes, and residue from combustible metals, like magnesium and titanium, that build up over a 2-week period (Class D fire hazards)	No more than 75 feet (22.9 m)

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-30015Make sure that portable fire extinguishers are kept fully charged, in operable condition, and left in their designated places.

You must((:

•))make sure that fire extinguishers found with deficiencies are removed from service and replaced with a suitable fire extinguisher.

AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-30020Inspect and test all portable fire extinguishers.

(1) You must((:

•))perform inspections:

((–)) Make sure that portable fire extinguishers or hose systems (used instead of fire extinguishers) are visually inspected monthly.

((•))(2) You must perform maintenance checks:

((–))(a) Make sure that all portable fire extinguishers are subjected to an annual maintenance check.

((–))(b) Keep records of all annual maintenance checks and make available to the department upon request.

((♦))(i) For 1 year after the last maintenance check; or

((or

♦))(ii) For the life of the shell, whichever is less.

((–))(c) Make sure that equal protection is provided when portable fire extinguishers are removed from service for maintenance and recharging

Exemption: Most stored pressure extinguishers do not require an internal examination. Examples of those that do require an internal examination are those containing a loaded stream agent.

(3) You must((:

•))perform hydrostatic testing:

Exemption:

• Dry chemical extinguishers that have nonrefillable disposable containers are exempt from this requirement.

• Manually pressurized pumptanks are exempt from this requirement.

(4) You must((:

•))make sure that portable extinguishers are hydrostatically tested:

((–))(a) At the intervals listed in Table 1, of this section.

((–))(b) Whenever they show evidence of corrosion or mechanical injury.

((•))(5) You must not perform hydrostatic testing on fire extinguishers if:

((–))(a) The unit has been repaired by soldering, welding, brazing, or use of patching compounds.

((–))(b) The cylinder or shell threads are damaged.

((–))(c) Corrosion has caused pitting, including corrosion under removable name plate assemblies.

((–))(d) The extinguisher has been burned in a fire.

((–))(e) Calcium chloride extinguishing agents have been used in a stainless steel shell.

Note:

Specific rules regarding conducting hydrostatic tests are covered in WAC 296-24-59212.

(6) You must((:

•))maintain records showing that hydrostatic testing has been performed. Provide the following evidence to the department upon request:

((–))(a) Date of test.

((–))(b) Test pressure used.

((–))(c) The serial number, or other identifier of the fire extinguisher that was tested.

((–))(d) Person or agency performing the test.

((•))(7) You must keep records until:

((–))(a) The extinguisher is retested; or

((OR

–))(b) The extinguisher is taken out of service, whichever comes first.

((•))(8) You must empty and maintain stored-pressure dry chemical extinguishers requiring a 12-year hydrostatic test, every six years:

((–)) When recharging or hydrostatic testing is performed, the 6-year requirement begins from that date

Hydrostatic Test Table

Type of Extinguisher	Test Interval (Years)
Stored pressure water and/or antifreeze	5
Wetting agent	5
Foam (stainless steel shell)	5
Aqueous film forming form (AFFF)	5
Loaded stream	5
Dry chemical with stainless steel	5
Carbon dioxide	5
Dry chemical, stored pressure, with mild steel, brazed brass or aluminum shells	12
Halon 1211	12
Halon 1301	12
Dry powder, cartridge or cylinder operated, with mild steel shell	12
Note: Due to a manufacturer's recall, stored pressure water extinguishers with fiberglass shell (pre-1976) are prohibited from hydrostatic testing.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-30025Train your employees to use portable fire extinguishers.

(1) You must((:

•))train your employees where you have provided portable fire extinguisher for their use in:

((–))(a) The hazards involved with incipient stage firefighting (the early stage of a fire when it can be extinguished by a portable fire extinguisher).

((–))(b) The general principles of fire extinguisher use.

((•))(2) You must provide the training when they are first hired and then annually.

AMENDATORY SECTION(Amending WSR 12-24-071, filed 12/4/12, effective 1/4/13)

WAC 296-800-310Summary.

Your responsibility:

To provide and maintain emergency exit routes and to install and maintain adequate employee alarm systems.

IMPORTANT:

An employer who demonstrates compliance with the exit route provisions of NFPA 101-2009, the Life Safety Code, will be in compliance with the corresponding requirements of this section.

((Exit routes:

You must:

Provide an adequate number of exit routes.

WAC 296-800-31005.

Make sure that exit routes are large enough.

WAC 296-800-31010.

Make sure that exit routes meet their specific design and construction requirements.

WAC 296-800-31015.

Make sure that each exit route leads outside.

WAC 296-800-31020.

Provide unobstructed access to exit routes.

WAC 296-800-31025.

Exit doors must be readily opened from the inside.

WAC 296-800-31030.

Use side-hinged doors to connect rooms to exit routes.

WAC 296-800-31035.

Provide outdoor exit routes that meet requirements.

WAC 296-800-31040.

Minimize danger to employees while they are using emergency exit routes.

WAC 296-800-31045.

Mark exits adequately.

WAC 296-800-31050.

Provide adequate lighting for exit routes and signs.

WAC 296-800-31053.

Maintain the fire retardant properties of paints or other coatings.

WAC 296-800-31055.

Maintain emergency safeguards.

WAC 296-800-31060.

Maintain exit routes during construction and repair.

WAC 296-800-31065.

Provide doors in freezer or refrigerated rooms that open from the inside.

WAC 296-800-31067.

Employee alarm systems:

You must:

Install and maintain an appropriate employee alarm system.

WAC 296-800-31070.

Establish procedures for sounding emergency alarms.

WAC 296-800-31075.

Test the employee alarm system.

WAC 296-800-31080.))

You must meet the requirements …	in this section:
Exit routes
Provide an adequate number of exit routes	WAC 296-800-31005
Make sure that exit routes are large enough	WAC 296-800-31010
Make sure that exit routes meet their specific design and construction requirements	WAC 296-800-31015
Make sure that each exit route leads outside	WAC 296-800-31020
Provide unobstructed access to exit routes	WAC 296-800-31025
Exit doors must be readily opened from the inside	WAC 296-800-31030
Use side-hinged doors to connect rooms to exit routes	WAC 296-800-31035
Provide outdoor exit routes that meet these requirements	WAC 296-800-31040
Minimize danger to employees while they are using emergency exit routes	WAC 296-800-31045
Mark exits adequately	WAC 296-800-31050
Provide adequate lighting for exit routes and signs	WAC 296-800-31053
Maintain the fire retardant properties of paints or other coatings	WAC 296-800-31055
Maintain emergency safeguards	WAC 296-800-31060
Maintain exit routes during construction and repair	WAC 296-800-31065
Provide doors in freezer or refrigerated rooms that open from the inside	WAC 296-800-31067
Install and maintain an appropriate employee alarm system	WAC 296-800-31070
Establish procedures for sounding emergency alarms	WAC 296-800-31075
Test the employee alarm system	WAC 296-800-31080

Exemption:

This rule does not apply to vehicles, vessels, or other mobile structures.

Note:

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-31005Provide an adequate number of exit routes.

(1) You must((:

•))provide a minimum of two exit routes to provide different ways for employees to leave the workplace safely during an emergency (at least two of the exit routes must be remote from one another so employees can safely exit if one exit route becomes blocked or unavailable).

((•))(2) You must provide an adequate number (at least two) of exit routes, considering the kind, number, location and capacity, appropriate to each building according to the following conditions:

((–))(a) Number of employees.

((–))(b) Size of building.

((–))(c) Arrangement of workplace.

((–))(d) Building occupancy.

Note:

A single exit route is permitted where the number of employees, the size of the building, its occupancy, or the arrangement of the workplace indicates that a single exit will allow all employees to exit safely during an emergency. Other means of escape, such as fire exits or accessible windows, should be available where only one exit route is provided.

AMENDATORY SECTION(Amending WSR 11-04-080, filed 2/1/11, effective 4/1/11)

WAC 296-800-31010Make sure that exit routes are large enough.

(1) You must((:

•))make sure each exit route is large enough to accommodate the maximum-permitted occupant load for each floor served by the route.

((•))(2) You must make sure the capacity of an exit route does not decrease at any point.

((•))(3) You must make sure the exit route has a minimum ceiling height of 7 feet 6 inches and that no projection from the ceiling is less than 6 feet 8 inches from the floor.

((–)) Objects that stick out into the exit route, such as fans hanging from the ceilings or cabinets on walls, must not reduce the minimum height of the exit route to less than 6 feet 8 inches from the floor.

((•))(4) You must make sure exit routes are at least 28 inches wide at all points between any handrails.

((–))(a) If necessary, routes must be wider than 28 inches to accommodate the expected occupant load.

((–))(b) Make sure objects that stick out into the exit route, such as cabinets on walls, do not reduce the minimum width of the exit route.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-31015Make sure that exit routes meet their specific design and construction requirements.

(1) You must((:

•))make sure each exit is a permanent part of the workplace.

((•))(2) You must make sure an exit route has only those openings necessary to permit access to, or exit from, occupied areas of the workplace.

((•))(3) You must make sure any opening into an exit through a fire wall is protected by a self-closing fire door that remains closed.

((•))(4) You must make sure each fire door, its frame, and its hardware is listed or approved by a nationally recognized testing laboratory.

((•))(5) You must make sure construction materials, used to separate an exit route, have at least:

((–))(a) One-hour fire resistance rating if the exit connects three stories or less.

((–))(b) Two-hour fire resistance rating if the exit connects four stories or more.

((•))(6) You must make sure employees are provided with stairs or a ramp, if the exit route is not substantially level.

AMENDATORY SECTION(Amending WSR 08-18-056, filed 9/2/08, effective 11/2/08)

WAC 296-800-31020Make sure that each exit route leads outside.

(1) You must((:

•))make sure that building exit routes lead:

((–))(a) Directly outside or to a street, walkway, refuge area, or to an open space with access to the outside.

((–))(b) To streets, walkways, or open spaces large enough to accommodate all building occupants likely to use the exit.

((•))(2) You must make sure the exit routes clearly show the route employees use to leave the building in an emergency.

((•))(3) You must install a standard safeguard with a warning sign, if a doorway or corner of a building could allow an employee to walk in front of an engine or trolley.

((•))(4) You must use doors, partitions, or other effective means to show employees the correct route out of the building, if the stairs in your exit route lead anywhere but out of the building.

Note:

If the stairs in your exit route lead past the exit to the basement, you might install a gate at the point they lead towards that basement. The gate could help your employees stay on the exit route taking them out of the building.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-31025Provide unobstructed access to exit routes.

((You must:)) (1) You must provide exit routes that are always free of obstructions so all employees can safely exit the building during an emergency.

(2) You must make sure employees are not required to travel to a dead end or through a room that can be locked, such as a restroom.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-31030Exit doors must be readily opened from the inside.

Exemption:

An exit door may be locked or blocked from the inside in a mental, penal, or correctional institution, if supervisory personnel are continuously on duty and a plan exists to remove employees and inmates during an emergency.

You must((:

•))make sure all exit doors readily open from the inside without keys, tools, or special knowledge. A device that locks only from the outside, such as a panic bar, is permitted. An exit door must be free of any device or alarm that could restrict emergency use of an exit if the device or alarm fails.

AMENDATORY SECTION(Amending WSR 01-23-060, filed 11/20/01, effective 12/1/01)

WAC 296-800-31035Use side-hinged doors to connect rooms to exit routes.

You must((:

•))use a side-hinged exit door to connect any room to an exit route. The door must swing out when the room:

((–))(1) Is occupied by more than fifty persons; or

((–))(2) Contains highly flammable or explosive materials.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-31040Provide outdoor exit routes that meet these requirements.

You must((:

•))make sure an outdoor exit route (such as an interior balcony, porch, gallery, or roof) meets all requirements for an indoor exit route. In addition, an outdoor exit route must also:

((–))(1) Have guardrails to protect unenclosed sides.

((–))(2) Be covered if snow or ice is likely to accumulate without regular removal.

((–))(3) Be reasonably straight with smooth, solid, substantially level floors.

((–))(4) Have no dead ends more than twenty feet long that branch off of the exit route.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-31045Minimize danger to employees while they are using emergency exit routes.

(1) You must((:

•))maintain each exit route to minimize danger to employees during an emergency.

((•))(2) You must keep each exit route free of explosive or highly flammable furnishings and decorations.

((•))(3) You must not require employees to travel toward areas where high hazard materials are stored, unless the route is protected by partitions or physical barriers. High hazard materials are materials that:

((–))(a) Burn quickly.

((–))(b) Emit poisonous fumes when burned.

((–))(c) Are explosive.

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-800-31050Mark exits adequately.

((You must:

•))(1) You must mark each exit with a clearly visible, distinctive sign reading "exit."

((•))(2) You must make sure the letters in the word "exit" are at least six inches high and 3/4 inch wide.

((•))(3) You must mark any doorway or passage that might be mistaken for an exit with "not an exit" or with an indication of its actual use.

((•))(4) You must make sure exit signs are a distinctive color.

((•))(5) You must make sure signs are posted and arranged along exit routes to adequately show how to get to the nearest exit and clearly indicate the direction of travel.

((•))(6) You must not obstruct or conceal exit signs in any way.

((•))(7) You must keep exit doors free of signs or decorations that obscure their visibility.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-31053Provide adequate lighting for exit routes and signs.

(1) You must((:

•))illuminate each exit route adequately and reliably.

((•))(2) You must have at least five foot-candles illumination from a reliable light source.

((•))(3) You must make sure any exit signs illuminated by artificial lights and made of translucent material (other than internally illuminated types).

((–))(a) Have screens, discs or lens of at least twenty-five square inches in size; and

((–))(b) Show red or other designated color on the approach side of the exit.

((•))(4) You must make sure brightly lit signs, displays, or objects in or near the line of vision do not distract attention from the exit sign.

((•))(5) You must make sure exit signs that are self-lighting have a minimum luminance surface value of .06 footlamberts.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-31055Maintain the fire retardant properties of paints or other coatings.

You must((:

•))maintain any paints or other coatings with fire retardant properties so they retain their fire retardant properties.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-31060Maintain emergency safeguards.

You must((:

•))maintain each safeguard in proper working order to protect employees during an emergency. Emergency safeguards include items such as:

((–))(1) Sprinkler systems.

((–))(2) Alarm systems.

((–))(3) Fire doors.

((–))(4) Exit lighting.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-31065Maintain exit routes during construction and repair.

(1) You must((:

•))have enough exit routes that comply with these rules before letting your employees occupy a workplace under new construction.

((•))(2) You must make sure that employees do not occupy an existing workplace unless:

((–))(a) All exits and existing fire protection are maintained; or

((–))(b) Alternate fire protection is provided that ensures an equivalent level of safety.

((•))(3) You must make sure that flammable or explosive materials used during construction or repair do not expose employees to additional hazards or prevent emergency escape.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-31067Provide doors in freezer or refrigerated rooms that open from the inside.

You must((:

•))make sure that walk-in refrigerators or freezer rooms have doors with opening devices allowing them to be opened from the inside even when they are locked from the outside.

AMENDATORY SECTION(Amending WSR 08-18-056, filed 9/2/08, effective 11/2/08)

WAC 296-800-31070Install and maintain an appropriate employee alarm system.

Exemptions:	• If you have ten or fewer employees in a particular workplace, you can use direct voice communication to sound the alarm, if all employees can hear it. For this kind of workplace, you do not need a back-up system.
	• In workplaces where employees would not otherwise be able to recognize audible or visible alarms, you can use tactile devices to alert them.

(1) You must((:

•))make sure that a working employee alarm system with a distinctive signal to warn employees of fire or other emergencies is installed and maintained.

Exemption:

You do not need an alarm system if employees can promptly see or smell a fire or other hazard in time to provide adequate warning to other employees.

((•))(2) You must make sure that the following systems meet the requirements of this rule, if you use them as your employee alarm system:

((–))(a) Supervisory alarms.

((–))(b) Discharge alarms.

((–))(c) Detection systems required on fixed extinguishing systems.

((–))(d) Detection systems required on fire suppression systems.

((•))(3) You must make sure that your employee alarm systems are:

((–))(a) Providing enough warning to allow employees to safely escape from the workplace, the immediate work area, or both.

((–))(b) Noticeable above surrounding noise or light levels by all employees in the affected portions of the workplace.

((–))(c) Distinctive and recognizable as a signal, to evacuate the work area.

((–))(d) Restored to working order as soon as possible, after each test or alarm.

((–))(e) Supervised, if installed after July 1, 1982, and if it has that capacity.

((–))(f) Able to alert assigned personnel whenever a malfunction exists in the system.

((–))(g) Adequately warning employees of emergencies.

((–))(h) Serviced, maintained, and tested by a person trained in the alarm system's design and functions to keep the system operating reliably and safely.

((–))(i) In working order, except when undergoing repairs or maintenance.

((–))(j) Warning employees of fire or other emergencies with a distinctive signal, if they are not able to see or smell a fire or other hazard.

((–))(k) Manual actuation devices that, if provided, are unobstructed, easy to find, and readily accessible.

((–))(l) Using alarm devices, components, combinations of devices, or systems with approved construction and installation. This applies to steam whistles, air horns, strobe lights, or similar lighting devices, as well as tactile devices.

((–))(m) Supplied with spare alarm devices available to restore the system promptly if a component breaks, is worn, or destroyed.

((–))(n) Kept in full operating condition by maintaining and replacing power supplies as often as necessary.

((–))(o) Supplied with a back-up means of alarm, such as employee runners or telephones, when regular systems are out of service.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-31075Establish procedures for sounding emergency alarms.

(1) You must((:

•))explain to each employee how to sound the alert for emergencies. Methods of reporting emergencies can include:

((–))(a) Manual pull box alarms.

((–))(b) Public address systems.

((–))(c) Radio.

((–))(d) Telephones.

((•))(2) You must post emergency numbers near telephones, employee notice boards, or other conspicuous locations, if you use telephones to report emergencies.

((•))(3) You must require that all emergency messages have priority over all nonemergency messages if the communication system also serves as an employee alarm system.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-31080Test the employee alarm system.

(1) You must((:

•))test the reliability and adequacy of your employee alarm system every two months.

((–)) Use a different activation device in each test of a multiactuation device system, so the entire alarm system gets tested.

((•))(2) You must make sure that supervised (monitored) employee alarm systems are tested at least once a year for reliability and adequacy.

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

WAC 296-800-320Summary.

Your responsibility:

To conduct an investigation of certain types of accidents.

((You must:

Make sure equipment involved in a work-related accident is not moved.

WAC 296-800-32010

Assign people to assist the department of labor and industries

WAC 296-800-32015

Conduct a preliminary investigation for all serious injuries

WAC 296-800-32020

Document the investigation findings

WAC 296-800-32025))

You must meet the requirements …	in this section:
Make sure equipment involved in a work-related accident is not moved	WAC 296-800-32010
Assign people to assist the department of labor and industries	WAC 296-800-32015
Conduct a preliminary investigation for all serious injuries	WAC 296-800-32020
Document the preliminary investigation findings	WAC 296-800-32025

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

WAC 296-800-32010Make sure equipment involved in a work-related accident is not moved.

(1) You must((:

•))not move equipment involved in a work-related accident if any of the following results:

((–))(a) A death.

((–))(b) An inpatient hospitalization.

((–))(c) An amputation.

((–))(d) The loss of an eye.

((•))(2) You must not move the equipment until a representative of the department of labor and industries investigates the incident and releases the equipment unless:

((–)) Moving the equipment is necessary to:

((■))(a) Remove any victims.

((■))(b) Prevent further incidents and injuries.

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

WAC 296-800-32015Assign people to assist the department of labor and industries.

You must((:

•))assign witnesses and other employees to assist department of labor and industries personnel who arrive at the scene to investigate the incident involving:

((–))(1) A death.

((–))(2) An inpatient hospitalization.

((–))(3) An amputation.

((–))(4) The loss of an eye.

Include:

((–))(5) The immediate supervisor.

((–))(6) Employees who were witnesses to the incident.

((–))(7) Other employees the investigator feels are necessary to complete the investigation.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-32020Conduct a preliminary investigation for all serious injuries.

(1) You must((:

•))make sure your preliminary investigation is conducted to evaluate the facts relating to the cause of the incident by the following people:

((–))(a) A person designated by the employer.

((–))(b) The immediate supervisor of the injured employee.

((–))(c) Witnesses.

((–))(d) An employee representative, such as a shop steward or other person chosen by the employees to represent them.

((–))(e) Any other person who has the experience and skills.

((•))(2) If the employee representative is the business agent of the employee bargaining unit and is unavailable to participate without delaying the investigation group, you may proceed, by using one of the following:

((–))(a) The shop steward.

((–))(b) An employee representative member of your safety committee.

((–))(c) A person selected by all employees to represent them.

Note:	A preliminary investigation includes noting information such as the following:
	– Where did the accident or incident occur?
	– What time did it occur?
	– What people were present?
	– What was the employee doing at the time of the accident or incident?
	– What happened during the accident or incident?

AMENDATORY SECTION(Amending WSR 02-16-047, filed 8/1/02, effective 10/1/02)

WAC 296-800-32025Document the preliminary investigation findings.

You must((:

•))document the preliminary investigation findings for use at any formal investigation.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-330Releasing accident investigation reports.

(1) The department must((:

•))keep accident investigations and related reports confidential.

((•))(2) The department must not freely release results of accident investigations and related reports that are confidential.

((•))(3) The department must make available accident investigation reports, without the need of a court order, only to the following:

((–))(a) Injured workers, their legal representatives, or their labor organization representatives.

((–))(b) The legal representative or labor organization representative of a deceased worker.

((–))(c) The employer of any injured or deceased worker.

((–))(d) Any other employer or person whose actions or business operations are the subject of the report or investigation.

((–))(e) Any attorney representing a party in any pending legal action in which an investigative report constitutes material and relevant evidence.

((–))(f) Employees of governmental agencies in the performance of their official duties.

((–))(g) Any beneficiary of a deceased worker actually receiving benefits under the terms of Title 51 RCW, the Industrial Insurance Act.

Note:

The records officer may provide accident investigation reports to the closest surviving member of the deceased worker's immediate family.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-340Protecting the identity of the source of confidential information.

(1) The department must((:

•))not reveal the source of information when a promise has been made to keep the identity of the source confidential.

((•))(2) The department must not disclose information that would reveal the source's identity, whenever a department file contains an investigative report or information from a source under a promise of confidentiality.

((–))(a) The contents of an investigative report may be withheld only to the extent necessary to conceal the identity of the source.

((–))(b) When information is withheld, the records officer must give a general characterization of the information withheld, but must not reveal the identity of the information's source.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-360Rule.

((Your responsibility: To))You must use the safety and health standards from national organizations and federal agencies, when directed to by WISHA rules.

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-800-36005Comply with standards national organizations or of federal agencies when referenced in WISHA rules.

You must((:

•))use the following to be in compliance with WISHA rules:

((–))(1) The edition of the standard specified in the WISHA rule; or

((–))(2) Any edition published after the edition specified in the WISHA rule.

Note:

The specific standards referenced in the WISHA rules are available:

• For review at your local department of labor and industries office.

• See http://www.wa.gov/lni/pa/direct.htm.

• Through the local library system.

• Through the issuing organization.

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

WAC 296-800-370Definitions.

Abatement action plans. Refers to your written plans for correcting a WISHA violation.

Abatement date. The date on the citation when you must comply with specific safety and health standards listed on the citation and notice of assessment or the corrective notice of redetermination.

Acceptable. As used in Electrical, WAC 296-800-280 means an installation or equipment is acceptable to the director of labor and industries, and approved:

• If it is accepted, or certified, or listed, or labeled, or otherwise determined to be safe by a nationally recognized testing laboratory; or

• With respect to an installation or equipment of a kind which no nationally recognized testing laboratory accepts, certifies, lists, labels, or determines to be safe, if it is inspected or tested by another federal agency, or by a state, municipal, or other local authority responsible for enforcing occupational safety provisions of the National Electrical Code, and found in compliance with the provisions of the National Electrical Code as applied in this section; ((OR))or

• With respect to custom-made equipment or related installations which are designed, fabricated for, and intended for use by a particular customer, if it is determined to be safe for its intended use by its manufacturer on the basis of test data which the employer keeps and makes available for inspection to the director and his/her authorized representatives. Refer to federal regulation 29 C.F.R. 1910.7 for definition of nationally recognized testing laboratory.

Accepted. As used in Electrical, WAC 296-800-280 means an installation is accepted if it has been inspected and found by a nationally recognized testing laboratory to conform to specified plans or to procedures of applicable codes.

Access. As used in safety data sheets (SDSs) as exposure records, WAC 296-901-14014 means the right and opportunity to examine and copy exposure records.

Affected employees. As used in WISHA appeals, penalties and other procedural rules, WAC 296-800-350 means employees exposed to hazards identified as violations in a citation.

Analysis using exposure or medical records.

• An analysis using exposure records or medical records can be any collection of data or a statistical study. It can be based on either:

– Partial or complete information from individual employee exposure or medical records; or

– Information collected from health insurance claim records.

• The analysis is not final until it has been:

– Reported to the employer; or

– Completed by the person responsible for the analysis.

ANSI. This is an acronym for the American National Standards Institute.

Approved ((means:)).

• Approved by the director of the department of labor and industries or their authorized representative, or by an organization that is specifically named in a rule, such as Underwriters' Laboratories (UL), Mine Safety and Health Administration (MSHA), or the National Institute for Occupational Safety and Health (NIOSH).

• As used in Electrical, WAC 296-800-280 means acceptable to the authority enforcing this section. The authority enforcing this section is the director of labor and industries. The definition of acceptable indicates what is acceptable to the director and therefore approved.

Assistant director. The assistant director for the WISHA services division at the department of labor and industries or his/her designated representative.

ASTM. This is an acronym for American Society for Testing and Materials.

Attachment plug or plug. As used in the basic electrical rules, WAC 296-800-280 means the attachment at the end of a flexible cord or cable that is part of a piece of electrical equipment. When it is inserted into an outlet or receptacle, it connects the conductors supplying electrical power from the outlet to the flexible cable.

Bare conductor. A conductor that does not have any covering or insulation.

Bathroom. A room maintained within or on the premises of any place of employment, containing toilets that flush for use by employees.

Biological agents. Organisms or their by-products.

Board. As used in WISHA appeals, penalties and other procedural rules, WAC 296-800-350 means the board of industrial insurance appeals.

Ceiling. An exposure limit that must not be exceeded during any part of the employee's workday. The ceiling must be determined over the shortest time period feasible and should not exceed fifteen minutes.

Certification. As used in WISHA appeals, penalties and other procedural rules, WAC 296-800-350 means refers to an employer's written statement describing when and how a citation violation was corrected.

C.F.R. This is an acronym for Code of Federal Regulations.

Chemical. Any element, chemical compound, or mixture of elements and/or compounds.

Chemical agents (airborne or contact). A chemical agent is any of the following:

• Airborne chemical agent which is any of the following:

– Dust(( - )), solid particles suspended in air, that are created by actions such as:

• Handling.

• Drilling.

• Crushing.

• Grinding.

• Rapid impact.

• Detonation.

• Decrepitation of organic or inorganic materials such as rock, ore, metal, coal, wood, and grain.

– Fume(( - )), solid particles suspended in air, that are created by condensation from the gaseous state.

– Gas(( - )), a normally formless fluid, such as air, which can be changed to the liquid or solid state by the effect of increased pressure or decreased temperature or both.

– Mist(( - )), liquid droplets suspended in air. Mist is created by:

• Condensation from the gaseous to the liquid state; ((OR))or

• Converting a liquid into a dispersed state with actions such as splashing, foaming, spraying or atomizing.

– Vapor(( - )). The gaseous form of a substance that is normally in the solid or liquid state.

• Contact chemical agent which is any of the following:

– Corrosive(( - )). A substance that, upon contact, causes destruction of living tissue by chemical action, including acids with a pH of 2.5 or below or caustics with a pH of 11.0 or above.

– Irritant(( - )). A substance that will induce a local inflammatory reaction upon immediate, prolonged, or repeated contact with normal living tissue.

– Toxicant(( - )). A substance that has the inherent capacity to produce personal injury or illness to individuals by absorption through any body surface.

Chemical manufacturer. An employer with a workplace where one or more chemicals are produced for use or distribution.

Chemical name. The scientific designation of a chemical in accordance with one of the following:

• The nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC).

• The Chemical Abstracts Service (CAS) rules of nomenclature.

• A name which will clearly identify the chemical for the purpose of conducting a hazard evaluation.

Circuit breaker.

• Is a device used to manually open or close a circuit. This device will also open the circuit automatically and without damage to the breaker when a predetermined overcurrent is applied. (600 volts nominal or less.)

• Is a switching device capable of making, carrying, and breaking currents under normal circuit conditions, and also making, carrying for a specified time, and breaking currents under specified abnormal circuit conditions, such as those of short circuit. (Over 600 volts nominal.)

Citation. Refers to the citation and notice issued to an employer for any violation of WISHA safety and health rules. A citation and notice may be referred to as a citation and notice of assessment but is more commonly referred to as a citation.

Commercial account. As used in Hazard communication, WAC 296-901-140 means an arrangement in which a retail distributor sells hazardous chemical(s) to an employer, generally in large quantities over time, and/or at costs that are below the regular retail price.

Common name. As used in Hazard communication, WAC 296-901-140 means any designation or identification such as:

• Code name.

• Code number.

• Trade name.

• Brand name.

• Generic name used to identify a chemical other than by its chemical name.

Compressed gas. A gas or mixture of gases that, when in a container, has an absolute pressure exceeding:

• 40 psi at 70°F (21.1°C) ((OR)); or

• 104 psi at 130°F (54.4°C) regardless of the pressure at 70°F (21.1°C).

Compressed gas can also mean a liquid with a vapor pressure that exceeds 40 psi at 100°F (37.8°C).

Conductor. Wire that transfers electric power.

Container. As used in Hazard communication, WAC 296-901-140 means any container, except for pipes or piping systems, that contains a hazardous chemical. It can be any of the following:

• Bag.

• Barrel.

• Bottle.

• Box.

• Can.

• Cylinder.

• Drum.

• Reaction vessel.

• Storage tank.

Correction date. The date by which a violation must be corrected. Final orders or extensions that give additional time to make corrections establish correction dates. A correction date established by an order of the board of industrial insurance appeals remains in effect during any court appeal unless the court suspends the date.

Corrective notice. Refers to a notice changing a citation and is issued by the department after a citation has been appealed.

Corrosive. A substance that, upon contact, causes destruction of living tissue by chemical action, including acids with a pH of 2.5 or below or caustics with a pH of 11.0 or above.

Covered conductor. A conductor that is covered by something else besides electrical insulation.

Damp location. As used in basic electrical rules, WAC 296-800-280 means partially protected areas that are exposed to moderate moisture. Outdoor examples include roofed open porches and marquees. Interior examples include basements and barns.

Department. Those portions of the department of labor and industries responsible for enforcing the Washington Industrial Safety Act (WISHA).

Designated representative.

• Any individual or organization to which an employee gives written authorization.

• A recognized or certified collective bargaining agent without regard to written authorization.

• The legal representative of a deceased or legally incapacitated employee.

Director. The director means the director of the department of labor and industries or their designee.

Distributor. A business, other than a chemical manufacturer or importer, that supplies hazardous chemicals to other distributors or to employers.

Documentation. As used in WISHA appeals, penalties and other procedural rules, WAC 296-800-350 means material that you submit to prove that a correction is completed. Documentation includes, but is not limited to, photographs, receipts for materials and/or labor.

Dry location. As used in basic electrical rules, WAC 296-800-280 means areas not normally subjected to damp or wet conditions. Dry locations may become temporarily damp or wet, such as when constructing a building.

Dust. Solid particles suspended in air that are created by actions such as:

• Handling.

• Drilling.

• Crushing.

• Grinding.

• Rapid impact.

• Detonation.

• Decrepitation of organic or inorganic materials such as rock, ore, metal, coal, wood, and grain.

Emergency washing facilities. Emergency washing facilities are emergency showers, eyewashes, eye/face washes, hand-held drench hoses, or other similar units.

Electrical outlets. Places on an electric circuit where power is supplied to equipment through receptacles, sockets, and outlets for attachment plugs.

Employee. Based on chapter 49.17 RCW, the term employee and other terms of like meaning, unless the context of the provision containing such term indicates otherwise, means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is personal labor for an employer under this standard whether by way of manual labor or otherwise.

Employee exposure record. As used in safety data sheets (SDSs) as exposure records, WAC 296-901-14014 means a record containing any of the following kinds of information:

• Environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent, including personal, area, grab, wipe, or other form of sampling, as well as related collection and analytical methodologies, calculations, and other background data relevant to interpretation of the results obtained;

• Biological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems (e.g., the level of a chemical in the blood, urine, breath, hair, fingernails, etc.) but not including results which assess the biological effect of a substance or agent or which assess an employee's use of alcohol or drugs;

• Safety data sheets indicating that the material may pose a hazard to human health; ((OR))or

• In the absence of the above, a chemical inventory or any other record which reveals where and when used and the identity (e.g., chemical, common or trade name) of a toxic substance or harmful physical agent.

Employer. Based on chapter 49.17 RCW, an employer is any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations: Provided, That any persons, partnership, or business entity not having employees, and who is covered by the Industrial Insurance Act must be considered both an employer and an employee.

Exit. Provides a way of travel out of the workplace.

Exit route. A continuous and unobstructed path of exit travel from any point within a workplace to safety outside.

Explosive. A chemical that causes a sudden, almost instant release of pressure, gas, and heat when exposed to a sudden shock, pressure, or high temperature.

Exposed live parts. Electrical parts that are:

• Not suitably guarded, isolated, or insulated ((AND)); and

• Capable of being accidentally touched or approached closer than a safe distance.

Exposed wiring methods. Involve working with electrical wires that are attached to surfaces or behind panels designed to allow access to the wires.

Exposure or exposed. As used in Hazard communication, WAC 296-901-140 and safety data sheets (SDSs) as exposure records, WAC 296-901-14014. An employee has been, or may have possibly been, subjected to a hazardous chemical, toxic substance or harmful physical agent while working. An employee could have been exposed to hazardous chemicals, toxic substances, or harmful physical agents in any of the following ways:

• Inhalation.

• Ingestion.

• Skin contact.

• Absorption.

• Related means.

The terms exposure and exposed only cover workplace exposure involving a toxic substance or harmful physical agent in the workplace different from typical ((non-occupational))nonoccupational situations in the way it is:

• Used.

• Handled.

• Stored.

• Generated.

• Present.

Exposure record. See definition for employee exposure record.

Extension ladder. A portable ladder with 2 or more sections and is not self-supporting. The 2 or more sections travel in guides or brackets that let you change the length. The size of a portable ladder is determined by adding together the length of each section.

Failure-to-abate. Any violation(s) resulting from not complying with an abatement date.

Final order. Any of the following (unless an employer or other party files a timely appeal):

• Citation and notice;

• Corrective notice;

• Decision and order from the board of industrial insurance appeals;

• Denial of petition for review from the board of industrial insurance appeals; or

• Decision from a Washington State superior court, court of appeals, or the state supreme court.

Final order date. The date a final order is issued.

First aid. The extent of treatment you would expect from a person trained in basic first aid, using supplies from a first-aid kit.

Tests, such as X-rays, must not be confused with treatment.

Flammable. A chemical covered by one of the following categories:

• Aerosol flammable means a flammable aerosol as defined by WAC 296-901-14024, Appendix B—Physical hazard criteria;

• Gas, flammable means:

– A gas that, at temperature and pressure of the surrounding area, forms a flammable mixture with air at a concentration of 13% by volume or less; or

– A gas that, at temperature and pressure of the surrounding area, forms a range of flammable mixtures with air wider than 12% by volume, regardless of the lower limit.

• Liquid, flammable means any liquid having a flashpoint at or below 199.4°F (93°C). Flammable liquids are divided into four categories as follows:

(((a)))- Category 1 ((shall))must include liquids having flashpoints below 73.4°F (23°C) and having a boiling point at or below 95°F (35°C).

(((b)))- Category 2 ((shall))must include liquids having flashpoints below 73.4°F (23°C) and having a boiling point above 95°F (35°C).

(((c)))- Category 3 ((shall))must include liquids having flashpoints at or above 73.4°F (23°C) and at or below 140°F (60°C). When a Category 3 liquid with a flashpoint at or above 100°F (37.8°C) is heated for use to within 30°F (16.7°C) of its flashpoint, it ((shall))must be handled in accordance with the requirements for a Category 3 liquid with a flashpoint below 100°F (37.8°C).

(((d)))- Category 4 ((shall))must include liquids having flashpoints above 140°F (60°C) and at or below 199.4°F (93°C). When a Category 4 flammable liquid is heated for use to within 30°F (16.7°C) of its flashpoint, it ((shall))must be handled in accordance with the requirements for a Category 3 liquid with a flashpoint at or above 100°F (37.8°C).

(((e)))- When liquid with a flashpoint greater than 199.4°F (93°C) is heated for use to within 30°F (16.7°C) of its flashpoint, it ((shall))must be handled in accordance with the requirements for a Category 4 flammable liquid.

• Solid, flammable means a solid, other than a blasting agent or explosive as defined in 29 C.F.R. 1910.109(a), that is likely to cause fire through friction, moisture absorption, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily. Solid, inflammable also means that when the substance is ignited, it burns so powerfully and persistently that it creates a serious hazard. A chemical must be considered to be a flammable solid if, when tested by the method described in 16 C.F.R. 1500.44, it ignites and burns with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis.

Flashpoint.

• The minimum temperature at which a liquid gives off a vapor within a test vessel in sufficient concentration to form an ignitable mixture with air near the surface of the liquid and ((shall))must be determined as follows:

– The flashpoint of liquids having a viscosity less than 45 Saybolt Universal Second(s) at 100°F (37.8°C) and a flashpoint below 175°F (79.4°C) ((shall))must be determined in accordance with the Standard Method of Test for Flash Point by the Tag Closed Tester, ASTM D-56-69, or an equivalent method as defined by WAC 296-901-14024, Appendix B—Physical hazard criteria.

Flexible cords and cables. Typically used to connect electrical equipment to an outlet or receptacle. These cords can have an attachment plug to connect to a power source or can be permanently wired into the power source. Flexible cords, extension cords, cables and electrical cords are all examples of flexible cord.

Floor hole. An opening in any floor, platform, pavement, or yard that measures at least one inch but less than 12 inches at its smallest dimension and through which materials and tools (but not people) can fall.

Examples of floor holes are:

• Belt holes.

• Pipe openings.

• Slot openings.

Floor opening. An opening in any floor, platform, pavement, or yard that measures at least 12 inches in its smallest dimension and through which a person can fall.

Examples of floor openings are:

• Hatchways.

• Stair or ladder openings.

• Pits.

• Large manholes.

The following are NOT considered floor openings:

• Openings occupied by elevators.

• Dumbwaiters.

• Conveyors.

• Machinery.

• Containers.

Foreseeable emergency. As used in Hazard communication, WAC 296-901-140 means any potential event that could result in an uncontrolled release of a hazardous chemical into the workplace. Examples of foreseeable emergencies include equipment failure, rupture of containers, or failure of control equipment.

Fume. Solid particles suspended in air that are created by condensation from the gaseous state.

Gas. A normally formless fluid, such as air, which can be changed to the liquid or solid state by the effect of increased pressure or decreased temperature or both.

Ground. As used in Electrical, WAC 296-800-280, a connection between an electrical circuit or equipment and the earth or other conducting body besides the earth. This connection can be intentional or accidental.

Grounded. A connection has been made between an electrical circuit or equipment and the earth or another conducting body besides the earth.

Grounded conductor. A system or circuit conductor that is intentionally grounded.

Ground-fault circuit-interrupter. A device whose function is to interrupt the electric circuit to the load when a fault current to ground exceeds some predetermined value that is less than that required to operate the overcurrent protective device of the supply circuit.

Grounding conductor. Is used to connect equipment or the grounded circuit of a wiring system to a grounding electrode or electrodes.

Grounding conductor, equipment. A conductor used to connect noncurrent-carrying metal parts of equipment, raceways, and other enclosures to the system grounded conductor and/or the grounding electrode conductor at the service equipment or at the source of a separately derived system.

Guarded. Covered, shielded, fenced, enclosed, or otherwise protected by means of suitable covers, casings, barriers, rails, screens, mats, or platforms to remove the likelihood of being accidentally touched or approached closer than a safe distance.

Hand-held drench hoses. Hand-held drench hoses are single-headed emergency washing devices connected to a flexible hose that can be used to irrigate and flush the face or other body parts.

Handrail. A single bar or pipe supported on brackets from a wall or partition to provide a continuous handhold for persons using a stair.

Harmful physical agent. Any physical stress such as noise, vibration, repetitive motion, heat, cold, ionizing and nonionizing radiation, and hypo- or hyperbaric pressure which:

• Is listed in the latest edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances(RTECS); or

• Has shown positive evidence of an acute or chronic health hazard in testing conducted by, or known to, the employer; ((OR))or

• Is the subject of a safety data sheet kept by or known to the employer showing that the material may pose a hazard to human health.

Hazard. Any condition, potential or inherent, which can cause injury, death, or occupational disease.

Hazard warning. As used in Hazard communication, WAC 296-901-140 can be a combination of words, pictures, symbols, or combination appearing on a label or other appropriate form of warning which shows the specific physical and health hazard(s), including target organ effects, of the chemical(s) in the container(s).

Note:

See definition for physical hazard and health hazard to determine which hazards must be covered.

Hazardous chemical. Any chemical that is a physical or health hazard.

Health hazard. A chemical, mixture, biological agent, or physical agent that may cause health effects in short- or long-term exposed employees. Based on statistically significant evidence from at least one study conducted using established scientific principles. Health hazards include:

• Carcinogens.

• Toxic or highly toxic agents.

• Reproductive toxins.

• Irritants.

• Corrosives.

• Sensitizers.

• Hepatotoxins (liver toxins).

• Nephrotoxins (kidney toxins).

• Neurotoxins (nervous system toxins).

• Substances that act on the hematopoietic system (blood or blood-forming system).

• Substances that can damage the lungs, skin, eyes, or mucous membranes.

• Hot or cold conditions.

Identity. As used in Hazard communication, WAC 296-901-140 means any chemical or common name listed on the safety data sheet (SDS) for the specific chemical. Each identity used must allow cross-references among the:

• Required list of hazardous chemicals.

• Chemical label.

• MSDSs.

Imminent danger violation. Any violation(s) resulting from conditions or practices in any place of employment, which are such that a danger exists which could reasonably be expected to cause death or serious physical harm, immediately or before such danger can be eliminated through the enforcement procedures otherwise provided by the Washington Industrial Safety and Health Act.

Importer. The first business within the Customs Territory of the USA that:

• Receives hazardous chemicals produced in other countries ((AND)); and

• Supplies them to distributors or employers within the USA.

Inpatient hospitalization. To be admitted into a hospital or equivalent facility for medical treatment.

Insulated. A conductor has been completely covered by a material that is recognized as electrical insulation and is thick enough based on:

• The amount of voltage involved ((AND)); and

• The type of covering material.

Interim waiver. An order granted by the department allowing an employer to vary from WISHA requirements until the department decides to grant a permanent or temporary waiver.

Irritant. A substance that will induce a local inflammatory reaction upon immediate, prolonged, or repeated contact with normal living tissue.

Ladder. Consists of 2 side rails joined at regular intervals by crosspieces called steps, rungs, or cleats. These steps are used to climb up or down.

Listed. Equipment is listed if it:

• Is listed in a publication by a nationally recognized laboratory (such as UL, underwriters laboratory) that inspects the production of that type of equipment((, AND)); and

• States the equipment meets nationally recognized standards or has been tested and found safe to use in a specific manner.

Medical treatment. Treatment provided by a physician or by registered professional personnel under the standing orders of a physician. Medical treatment does not include first-aid treatment even if provided by a physician or registered professional personnel.

Mist. Liquid droplets suspended in air. Mist is created by:

• Condensation from the gaseous to the liquid state; ((OR))or

• Converting a liquid into a dispersed state with actions such as splashing, foaming, spraying or atomizing.

Mixture. As used in Hazard communication, WAC 296-901-140, any combination of 2 or more chemicals (if that combination did not result from a chemical reaction).

Movable equipment. As used in WAC 296-800-35052, a hand-held or nonhand-held machine or device;

• That is powered or nonpowered; ((AND))and

• Can be moved within or between worksites.

Must((Must means)). Mandatory.

NEMA. These initials stand for National Electrical Manufacturing Association.

NFPA. This is an acronym for National Fire Protection Association.

Nose. The portion of the stair tread that projects over the face of the riser below it.

Occupational Safety and Health Administration (OSHA). Created in 1970 when the U.S. Congress passed the Occupational Safety and Health Act, the Occupational Safety and Health Administration (OSHA) provides safety on the job for workers. OSHA oversees state plans (such as WISHA in Washington) that have elected to administer the safety and health program for their state. OSHA requires WISHA rules to be at least as effective as OSHA rules.

Office work environment. An indoor or enclosed occupied space where clerical work, administration, or business is carried out.

In addition, it includes:

• Other workplace spaces controlled by the employer and used by office workers, such as cafeterias, meeting rooms, and washrooms.

• Office areas of manufacturing and production facilities, not including process areas.

• Office areas of businesses such as food and beverage establishments, agricultural operations, construction, commercial trade, services, etc.

Open riser. A stair step with an air space between treads has an open riser.

Organic peroxide. This is an organic compound containing the bivalent-0-0-structure. It may be considered a structural derivative of hydrogen peroxide if one or both of the hydrogen atoms has been replaced by an organic radical.

Outlet. See definition for electrical outlets.

Oxidizer. A chemical other than a blasting agent or explosive as defined in WAC 296-52-60130 or C.F.R. 1910.109(a), that starts or promotes combustion in other materials, causing fire either of itself or through the release of oxygen or other gases.

Permissible exposure limits (PELs). Permissible exposure limits (PELs) are employee exposures to toxic substances or harmful physical agents that must not be exceeded. PELs are specified in applicable WISHA rules.

Person. Based on chapter 49.17 RCW, one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons.

Personal eyewash units. Personal eyewash units are portable, supplementary units that support plumbed units or self-contained units, or both, by delivering immediate flushing for less than fifteen minutes.

Personal service room. Used for activities not directly connected with a business' production or service function such as:

• First aid.

• Medical services.

• Dressing.

• Showering.

• Bathrooms.

• Washing.

• Eating.

Personnel. See the definition for employees.

Physical hazard. Means a chemical that is classified as posing one of the following hazardous effects: Explosive; flammable (gases, aerosols, liquids, or solids); oxidizer (liquid, solid or gas); self-reactive; pyrophoric (liquid or solid); self-heating; organic peroxide; corrosive to metal; gas under pressure; or in contact with water emits flammable gas. WAC 296-901-14024, Appendix B—Physical hazard criteria.

Platform. Platform means an extended step or landing that breaks a continuous run of stairs.

Plug. See definition for attachment plug.

Potable water. Water that is suitable for drinking by the public and meets the requirements of chapter 246-290 or 246-291 WAC.

Predictable and regular basis. Employee functions such as, but not limited to, inspection, service, repair and maintenance which are performed:

• At least once every 2 weeks ((OR)); or

• ((4))Four man-hours or more during any sequential 4-week period (to calculate man-hours multiply the number of employees by the number of hours during a 4-week period).

Produce. As used in Hazard communication, WAC 296-901-140, any one of the following:

• Manufacture.

• Process.

• Formulate.

• Blend.

• Extract.

• Generate.

• Emit.

• Repackage.

Purchaser. As used in Hazard communication, WAC 296-901-140, an employer who buys one or more hazardous chemicals to use in their workplace.

Pyrophoric. A chemical is pyrophoric if it will ignite spontaneously in the air when the temperature is 130°F (54.4°C) or below.

Qualified person. A person who has successfully demonstrated the ability to solve problems relating to the subject matter, work, or project, either by:

• Possession of a recognized degree, certificate, or professional standing; ((OR))or

• Extensive knowledge, training and experience.

Railing or standard railing. A vertical barrier erected along exposed edges of a floor opening, wall opening, ramp, platform, or runway to prevent falls of persons.

Reassume jurisdiction. The department has decided to take back its control over a citation and notice being appealed.

Receptacle or receptacle outlet. As used in basic electrical rules, WAC 296-800-280 means outlets that accept a plug to supply electric power to equipment through a cord or cable.

Record. A record is any item, collection, or grouping of information. Examples include:

• Paper document.

• Microfiche.

• Microfilm.

• X-ray film.

• Computer record.

Refuge area.

• A protected space along an exit route that is separated from other spaces inside the building by a barrier with at least a one-hour fire resistance rating; ((OR))or

• A floor in a building with an automatic sprinkler system that has at least two spaces that are separated by smoke-resistant partitions. See WAC 296-24-607 for requirements for automatic sprinkler systems.

Repeat violation. A violation is a repeat violation if the employer has been cited one or more times previously for a substantially similar hazard.

Responsible party. As used in Hazard communication, WAC 296-901-140. Someone who can provide appropriate information about the hazardous chemical and emergency procedures.

Rise. The vertical distance from the top of a tread to the top of the next higher tread.

Riser. The vertical part of the step at the back of a tread that rises to the front of the tread above.

Rungs. Rungs are the cross pieces on ladders that are used to climb up and down the ladder.

Runway. An elevated walkway above the surrounding floor or ground level. Examples of runways are footwalks along shafting or walkways between buildings.

Safety data sheet (SDS). Written, printed, or electronic information (on paper, microfiche, or on-screen) that informs manufacturers, distributors, employers or employees about a hazardous chemical, its hazards, and protective measures as required by safety data sheet and label preparation, WAC 296-901-140.

Safety factor. The term safety factor means the ratio of when something will break versus the actual working stress or safe load when it is used.

Self-lighting or self-luminous. A light source that:

• Is illuminated by a self-contained power source other than batteries; ((AND))and

• Operates independently from external power sources.

Serious violation. Serious violation must be deemed to exist in a workplace if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use in such workplace, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.

Short-term exposure limit (STEL). An exposure limit, averaged over a short time period (usually measured for 15 minutes) that must not be exceeded during any part of an employee's workday.

Should. Should means recommended.

Single ladder. A type of portable ladder with one section.

It is distinguished by all of the following:

• It has one section.

• It cannot support itself.

• Its length cannot be adjusted.

Smoking. A person is smoking if they are:

• Lighting up.

• Inhaling.

• Exhaling.

• Carrying a pipe, cigar or cigarette of any kind that is burning.

Specific chemical identity. This term applies to chemical substances. It can mean the:

• Chemical name.

• Chemical Abstracts Service (CAS) registry number.

• Any other information that reveals the precise chemical designation of the substance.

Stair railing. A vertical barrier attached to a stairway with an open side to prevent falls. The top surface of the stair railing is used as a handrail.

Stairs or stairway. A series of steps and landings:

((-))• Leading from one level or floor to another.

((-))• Leading to platforms, pits, boiler rooms, crossovers, or around machinery, tanks, and other equipment.

((-))• Used more or less continuously or routinely by employees, or only occasionally by specific individuals.

((-))• With three or more risers.

Standard safeguard. Safety devices that prevent hazards by their attachment to:

• Machinery.

• Appliances.

• Tools.

• Buildings.

• Equipment.

These safeguards must be constructed of:

• Metal.

• Wood.

• Other suitable materials.

The department makes the final determination about whether a safeguard is sufficient for its use.

Step ladder. A portable ladder with:

• Flat steps.

• A hinge at the top allowing the ladder to fold out and support itself.

• Its length that cannot be adjusted.

Time weighted average (TWA((())8(()))). An exposure limit, averaged over 8 hours, that must not be exceeded during an employee's work shift.

Toeboard. A barrier at floor level along exposed edges of a floor opening, wall opening, platform, runway, or ramp, to prevent falls of materials.

Toxic chemical. As used in first aid, WAC 296-800-150, is a chemical that produces serious injury or illness when absorbed through any body surface.

Toxic substance. Any chemical substance or biological agent, such as bacteria, virus, and fungus, which is any of the following:

• Listed in the latest edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS).

• Shows positive evidence of an acute or chronic health hazard in testing conducted by, or known to, the employer.

• The subject of a safety data sheet kept by or known to the employer showing the material may pose a hazard to human health.

Toxicant. A substance that has the inherent capacity to produce personal injury or illness to individuals by absorption through any body surface.

Trade secret. Any confidential:

• Formula.

• Pattern.

• Process.

• Device.

• Information.

• Collection of information.

The trade secret is used in an employer's business and gives an opportunity to gain an advantage over competitors who do not know or use it.

See WAC 296-901-14018 for requirements dealing with trade secrets.

Tread. As used in stairs and stair railings, WAC 296-800-250 means the horizontal part of the stair step.

Tread run. As used in stairs and stair railings, WAC 296-800-250 means the distance from the front of one stair tread to the front of an adjacent tread.

Tread width. The distance from front to rear of the same tread including the nose, if used.

UL (Underwriters' Laboratories, Inc.). You will find these initials on electrical cords and equipment. The initials mean the cord or equipment meets the standards set by the Underwriters' Laboratories, Inc.

Unstable (reactive). As used in Hazard communication, WAC 296-901-140. An unstable or reactive chemical is one that in its pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under conditions of shocks, pressure or temperature.

Use. As used in Hazard communication, WAC 296-901-140, means to:

• Package.

• Handle.

• React.

• Emit.

• Extract.

• Generate as a by-product.

• Transfer.

Vapor. The gaseous form of a substance that is normally in the solid or liquid state.

Voltage of a circuit. The greatest effective potential difference between any two conductors or between a conductor and ground.

Voltage to ground. The voltage between a conductor and the point or conductor of the grounded circuit. For undergrounded circuits, it is the greatest voltage between the conductor and any other conductor of the circuit.

Voltage, nominal. Nominal voltage is a value assigned to a circuit or system to designate its voltage class (120/240, 480Y/277, 600, etc.). The actual circuit voltage can vary from the value if it is within a range that permits the equipment to continue operating in a satisfactory manner.

WAC. This is an acronym for Washington Administrative Code, which are rules developed to address state law.

Water-reactive. As used in Hazard communication, WAC 296-901-140, a water-reactive chemical reacts with water to release a gas that is either flammable or presents a health hazard.

Watertight. Constructed so that moisture will not enter the enclosure or container.

Weatherproof. Constructed or protected so that exposure to the weather will not interfere with successful operation. Rainproof, raintight, or watertight equipment can fulfill the requirements for weatherproof where varying weather conditions other than wetness, such as snow, ice, dust, or temperature extremes, are not a factor.

Wet location. As used in basic electrical rules, WAC 296-800-280 means:

• Underground installations or in concrete slabs or masonry that are in direct contact with the earth.

• Locations that can be saturated by water or other liquids.

• Unprotected locations exposed to the weather (like vehicle washing areas).

WISHA. This is an acronym for the Washington Industrial Safety and Health Act.

Work area. As used in Hazard communication, WAC 296-901-140, a room or defined space in a workplace where hazardous chemicals are produced or used, and where employees are present.

Worker. See the definition for employee.

Working days. Means a calendar day, except Saturdays, Sundays, and legal holidays. Legal holidays include:

((-))• New Year's Day - January 1;

((-))• Martin Luther King, Jr. Day;

((-))• Presidents' Day;

((-))• Memorial Day;

((-))• Independence Day - July 4;

((-))• Labor Day;

((-))• Veterans' Day - November 11;

((-))• Thanksgiving Day;

((-))• The day after Thanksgiving Day; and

((-))• Christmas Day - December 25.

The number of working days must be calculated by not counting the first working day and counting the last working day.

((Worker See the definition for employee.))

Workplace.

• The term workplace means:

– Any plant, yard, premises, room, or other place where an employee or employees are employed for the performance of labor or service over which the employer has the right of access or control, and includes, but is not limited to, all workplaces covered by industrial insurance under Title 51 RCW, as now or hereafter amended.

– As used in Hazard communication, WAC 296-901-140 means an establishment, job site, or project, at one geographical location containing one or more work areas.

You. See definition of employer.

Your representative. Your representative is the person selected to act in your behalf.

NEW SECTION

The following section of the Washington Administrative Code is decodified and recodified as follows:

Old WAC Number	New WAC Number
296-800-370	296-800-099

NEW SECTION

WAC 296-802-099Definitions.

Access. The right and opportunity to examine and copy an employee record.

Analysis using exposure or medical records. Any collection of data or a statistical study based on either:

(a) Information from individual employee exposure or medical records; or

(b) Information collected from health insurance claim records.

Designated representative.

(a) Any individual or organization to which an employee gives written authorization.

(b) A recognized or certified collective bargaining agent without regard to written employee authorization.

Employee exposure record. A record containing any of the following kinds of information:

(a) Environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent, including personal, area, grab, wipe, or other form of sampling, as well as related collection and analytical methodologies, calculations, and other background data relevant to interpretation of the results obtained.

(b) Biological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems (such as the level of a chemical in the blood, urine, breath, hair, or fingernails) but not including results which assess the biological effect of a substance or agent or which assess an employee's use of alcohol or drugs.

(d) In the absence of the above:

(i) A chemical inventory or any other record that reveals where and when used and the identity (e.g., chemical, common or trade name) of a toxic substance or harmful physical agent.

(ii) Exposure records of other employees with past or present job duties or related working conditions.

Employee medical record.

(a) A record concerning the health status of an employee which is made or maintained by a physician, nurse, or other health care personnel, or technician, including:

(i) Medical and employment questionnaires or histories (including job description and occupational exposures).

(ii) The results of medical examinations (preemployment, preassignment, periodic, or episodic) and laboratory tests (including chest and other X-ray examinations taken for purposes of establishing a baseline or detecting occupational illness, and all biological monitoring not defined as an "employee exposure record").

(iii) Medical opinions, diagnoses, progress notes, and recommendations.

(iv) First-aid records.

(v) Descriptions of treatments and prescriptions.

(vi) Employee medical complaints.

(b) An employee medical record does not include any of these types of medical information:

(i) Physical specimens (for example, blood or urine samples), which are routinely discarded as a part of normal medical practice.

(ii) Records concerning health insurance claims if maintained separately from the employer's medical program and its records, and not accessible to the employer by employee name or other direct personal identifier, such as Social Security number or payroll number.

(iii) Records created solely in preparation for litigation that are privileged from discovery under applicable rules of procedure or evidence.

(iv) Records concerning voluntary employee assistance programs, such as alcohol, drug abuse, or personal counseling programs, if maintained separately from the employer's medical program and records.

Exposure or exposed. The contact an employee has with a toxic substance, harmful physical agent or oxygen deficient condition. Exposure can occur through various routes, such as inhalation, ingestion, skin contact, or skin absorption.

First aid. Any of the following are considered first aid:

(a) Using a nonprescription medication at nonprescription strength.

(b) Administering tetanus immunizations. Other immunizations, such as Hepatitis B vaccine or rabies vaccine, are considered medical treatment.

(d) Using wound coverings such as bandages, Band-Aids™, or gauze pads.

(e) Using butterfly bandages or Steri-Strips™.

(f) Using hot or cold therapy.

(g) Using any nonrigid means of support, such as elastic bandages, wraps, or nonrigid back belts.

(h) Using temporary immobilization devices, such as splints, slings, neck collars, or back boards, while transporting an accident victim.

(i) Drilling a fingernail or toenail to relieve pressure.

(j) Draining fluid from a blister.

(k) Using eye patches.

(l) Removing foreign bodies from the eye using only irrigation or a cotton swab.

(m) Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means.

(n) Using finger guards.

(o) Using massages.

(p) Drinking fluids for relief of heat stress.

Harmful physical agent. Any physical stress such as noise, vibration, repetitive motion, heat, cold, ionizing and nonionizing radiation, and hypo- or hyperbaric pressure which:

(a) Is listed in the latest edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS); or

(b) Has shown positive evidence of an acute or chronic health hazard in testing conducted by, or known to, the employer; or

(c) Is the subject of a safety data sheet kept by or known to the employer showing that the material may pose a hazard to human health.

Health professional. A physician, occupational health nurse, industrial hygienist, toxicologist, or epidemiologist, who provides medical or other occupational health services to exposed employees.

Record. Any item, collection, or grouping of information. Examples include:

(a) Paper document.

(b) Microfiche.

(d) X-ray film.

(e) Computer record.

Specific chemical identity. Any other information that reveals the precise chemical designation of the substance, such as:

(a) Chemical name; or

(b) Chemical abstracts service (CAS) registry number.

Specific written authorization. A written authorization containing at least the following:

(a) The name and signature of the employee authorizing the release of medical information.

(b) The date of the written authorization.

(d) The name of the designated representative (individual or organization) that is authorized to receive the information.

(e) A general description of the medical information that is authorized to be released.

(f) A general description of the purpose for the release of the medical information.

(g) A date or condition upon which the written authorization will expire.

Toxic substance. Any chemical substance or biological agent, such as bacteria, virus, and fungus, which is any of the following:

(a) Listed in the latest edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS).

(b) Shows positive evidence of an acute or chronic health hazard in testing conducted by, or known to, the employer.

(c) The subject of a safety data sheet kept by or known to the employer showing the material may pose a hazard to human health.

Trade secrets. Any confidential information that is used in an employer's business and gives an opportunity to gain an advantage over competitors who do not know or use it. It can be a:

(a) Formula.

(b) Pattern.

(d) Device.

(e) Information.

(f) Collection of information.

AMENDATORY SECTION(Amending WSR 04-10-026, filed 4/27/04, effective 8/1/04)

WAC 296-802-200Keep employee medical and exposure records.

Summary:

Your responsibility:

To keep employee medical records, exposure records, and analyses.

IMPORTANT:

• Physicians or other health care personnel may keep medical records for you.

• You may keep information in any form as long as the information is retrievable.

• Unless a specific occupational safety and health rule provides a different time period, you must keep records for the period required by this chapter.

((You must:

Keep employee medical records

WAC 296-802-20005.

Keep employee exposure records

WAC 296-802-20010.

Keep analyses of medical or exposure records

WAC 296-802-20015.))

You must meet the requirements ...	in this section:
Keep employee medical records	WAC 296-802-20005
Keep employee exposure records	WAC 296-802-20010
Keep analyses of medical or exposure records	WAC 296-802-20015

AMENDATORY SECTION(Amending WSR 04-10-026, filed 4/27/04, effective 8/1/04)

WAC 296-802-20005Keep employee medical records.

(1) You must((:

•))keep medical records for at least as long as the employee works for you plus thirty years.

Exemption:	• If an employee works for you for less than one year and you provide the records to them when they leave employment, you do not have to keep their medical records.
	• You do not need to keep the following records for any specific period:
	– Health insurance claims records maintained separately from your medical program and records.
	– Records of first-aid treatment, if made on-site by a nonphysician and if kept separately from the employee medical record.

(2) You must((:

•))keep chest X-ray films in their original state, such as film or electronic image.

AMENDATORY SECTION(Amending WSR 04-10-026, filed 4/27/04, effective 8/1/04)

WAC 296-802-20010Keep employee exposure records.

IMPORTANT:

You do not need to keep employee exposure records for exposure to toxic substances when they are:

• Purchased as a consumer product; ((AND))and

• Used in the same manner and frequency that a consumer would use them.

(1) You must((:

•))keep employee exposure records for at least thirty years from the date the exposure record was made. These records include the following:

((–))(a) The sampling results.

((–))(b) The collection methodology (sampling plan).

((–))(c) A description of the analytical and mathematical methods used.

((–))(d) Background data to environmental monitoring or measuring, such as laboratory reports and work sheets.

Note:

You do not have to keep the actual background data for more than one year if you keep a summary of the data for thirty years.

(2) You must((:))keep a record, for at least thirty years, of the identity of any toxic substance used in your workplace. You must include:

((•))(a) Where the substance was used.

((•))(b) When the substance was used.

Note:

The identity may be retained either as part of the exposure record or as a separate record.

AMENDATORY SECTION(Amending WSR 04-10-026, filed 4/27/04, effective 8/1/04)

WAC 296-802-20015Keep analyses of medical or exposure records.

You must((:

•))keep each analysis using medical or exposure records for at least thirty years.

AMENDATORY SECTION(Amending WSR 04-10-026, filed 4/27/04, effective 8/1/04)

WAC 296-802-300Inform employees about records.

Summary:

Your responsibility:

To inform current employees about their medical and exposure records.

((You must:

Inform current employees about their medical and exposure records

WAC 296-802-30005.))

You must meet the requirements ...	in this section:
Inform current employees about their medical and exposure records	WAC 296-802-30005

AMENDATORY SECTION(Amending WSR 04-10-026, filed 4/27/04, effective 8/1/04)

WAC 296-802-30005Inform current employees about their medical and exposure records.

(1) You must((:

•))inform employees covered by this rule about medical and exposure records when they first start employment, and then at least annually. Include the following information:

((–))(a) Where the records are located.

((–))(b) Who is responsible for the records.

((–))(c) Who to contact for access to the records.

((–))(d) Their rights to copy the records.

((•))(2) You must make copies of this rule available upon request to employees.

((•))(3) You must distribute to your employees any information about this chapter that you are given by the department.

Note:

Some of the ways to inform employees that you have medical and exposure records include email, letters, posters, or classroom training.

AMENDATORY SECTION(Amending WSR 04-10-026, filed 4/27/04, effective 8/1/04)

WAC 296-802-400Provide employees access to records and analyses.

Summary:

Your Responsibility:

To provide employees access to records and analyses.

IMPORTANT:

• Employees or their designated representatives can use the collective bargaining process to gain access to records beyond what is required by this chapter.

• The requirements of this section apply to both current and former employees.

((You must:

Provide access to employee medical records, exposure records, and analyses

WAC 296-802-40005.

Provide employee medical records

WAC 296-802-40010.

Provide employee exposure records

WAC 296-802-40015.))

You must meet the requirements ...	in this section:
Provide access to employee medical records, exposure records, and analyses	WAC 296-802-40005
Provide employee medical records	WAC 296-802-40010
Provide employee exposure records	WAC 296-802-40015

AMENDATORY SECTION(Amending WSR 04-10-026, filed 4/27/04, effective 8/1/04)

WAC 296-802-40005Provide access to employee medical records, exposure records, and analyses.

(1) You must((:

•))provide employees and their designated representatives access to requested records and analyses as follows:

((–))(a) In a reasonable time, place, and manner.

((–))(b) Within fifteen working days.

((■))(c) If there is a delay, inform the requesting party of the reason and the earliest date the record will be made available.

Exemption:

You do not have to provide analyses that are currently being worked on or have not been reported to you.

(2) You must((:

•))provide a copy of the record, when requested, to the employee or designated representative without cost. This may be done by one of the following methods:

((–))(a) Make a copy for the requestor.

((–))(b) Make the record and a copier available.

((–))(c) Loan the record to the employee or designated representative for a reasonable time, so a copy can be made.

Note:	• Access to employee medical records will be provided to designated representatives only when the employee provides specific written authorization. See WAC 296-802-40010.
	• To locate or identify the records being requested, you may request, from employees or their designated representatives, only known and necessary information. For example, you may request dates and location of where the employee worked during the time period in question.
	• You are not required to perform an analysis of medical or exposure records at the request of an employee or designated representative.
	• When there is an original X-ray you may restrict access to an on-site examination or make other arrangements for a temporary loan.
	• When a record has been provided without cost to an employee or designated representative, and they request additional copies, you may charge a reasonable, nondiscriminatory administrative cost. For example, you may charge search and copying expenses but not overhead expenses.
	– A reasonable fee for copying, as defined in chapter 70.02 RCW, should not exceed sixty-five cents per page for the first thirty pages and fifteen cents per page for all additional pages. In addition, a clerical fee for searching and handling may be charged not to exceed fifteen dollars.

AMENDATORY SECTION(Amending WSR 04-10-026, filed 4/27/04, effective 8/1/04)

WAC 296-802-40010Provide employee medical records.

(1) You must((:

•))make sure employees have access, upon request, to their own medical records.

Note:	• A physician, nurse, or other responsible health care professional who maintains employee medical records may delete from requested medical records the identity of individuals who provided confidential information regarding an employee's health status.
	• If a physician represents you and believes that providing an employee access to their specific diagnosis of a terminal illness or psychiatric condition could harm the employee, they may request that the record be released only to a designated representative having specific written authorization.
	• The physician representing you may recommend that the employee or designated representative do one of the following:
	– Consult with the physician to review and discuss requested records.
	– Accept a summary of facts and opinions instead of requested records.
	– Accept the release of requested records only to another physician or designated representative.

(2) You must((:

•))make sure that individual employees are not identified in any portion of analyses that report the contents of employee medical records. ((–)) Identifying information includes:

(a) Both direct identifiers such as name, address, Social Security number, and payroll number((,)); and

(b) Other information that could reasonably be used in the circumstances to identify individual employees such as exact age, height, or weight.

Note:

If it is not feasible to remove personal identifying information from a document, you do not have to provide the portions where personal identifiers cannot be moved.

(3) You must((:

•))provide designated representatives access to employee medical records when the employee provides specific written authorization.

((–))(a) If the written authorization does not contain an expiration date, it expires ninety days after it is signed.

((–))(b) Release only medical information that exists on the date of the written employee consent, unless the consent specifically states that future information may be released.

Note:

An employee may revoke the specific written authorization in writing at any time.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-802-40015Provide employee exposure records.

(1) You must((:

•))provide requested exposure records that show the type and amount of toxic substances or harmful physical agents to which the employee is or has been exposed, for an employee's current or transfer work assignment.

((–)) In the absence of records specific to the employee, exposure records of other employees with the same job duties or related working conditions will be used to the extent necessary to respond to the request.

((•))(2) You must provide a designated representative, who does not have specific employee consent, access to employee exposure records only when a reasonable written request is made that includes the following:

((–))(a) The records requested.

((–))(b) The occupational health need for accessing these records.

Note:

Trade secret information may be withheld from exposure records. See WAC 296-901-14018, Trade secrets, for more information.

AMENDATORY SECTION(Amending WSR 04-10-026, filed 4/27/04, effective 8/1/04)

WAC 296-802-500Respond to medical record access orders.

Summary:

IMPORTANT:

This section describes how WISHA accesses employee medical records and your related rights and obligations.

Your responsibility:

To post written WISHA access orders.

((You must:

Respond to WISHA access orders for employee medical records

WAC 296-802-50005.

Content of WISHA written access orders

WAC 296-802-50010.))

You must meet the requirements ...	in this section:
Respond to WISHA access orders for employee medical records	WAC 296-802-50005
Content of WISHA written access orders	WAC 296-802-50010

AMENDATORY SECTION(Amending WSR 04-10-026, filed 4/27/04, effective 8/1/04)

WAC 296-802-50005Respond to WISHA access orders for employee medical records.

(1) You must((:

•))promptly respond to a written access order you receive from WISHA for personally identifiable employee medical information.

((•))(2) You must post a copy of the cover letter you receive from WISHA for fifteen working days where employees can easily review it.

AMENDATORY SECTION(Amending WSR 04-10-026, filed 4/27/04, effective 8/1/04)

WAC 296-802-50010Content of WISHA written access orders.

A written access order from WISHA will contain at least the following information:

((•))(1) The identity of employees whose medical information is being requested. ((–)) This may be either by name, job classification, time clock number, department, or similar identifier.

((•))(2) A description of the medical information that will be examined.

((•))(3) The purpose for seeking access to this medical information((.

–)), and any additional evidence supporting access to the medical information.

((•))(4) A step-by-step description of how the records will be obtained, copied, reviewed, and stored, specifying the following:

((–))(a) Who will be in charge of on-site review of the records, or who will take possession of the records for ((offsite))off-site review.

((–))(b) Where the records will be reviewed.

((–))(c) When review or receipt of the records is to take place.

((–))(d) If the records are to be reviewed on-site, what type of information will be copied and removed ((offsite))off-site.

((•))(5) How personal identifiers will be separated from the medical information and how long this information will be kept.

((•))(6) The principal WISHA investigator's full name, business address and telephone number.

((•))(7) The full names and titles of all individuals that will review the records.

((•))(8) The WISHA industrial hygiene program manager's full name, business address and telephone number.

Note:	WISHA does not need a written access order for the following types of employee medical records:
	• Medical records and analyses that do not contain personal identification information.
	• Examination of records to verify compliance with the medical surveillance requirements of another occupational health and safety rule.
	• The following records when required by another occupational health and safety rule:
	– Medical opinions.
	– Biological monitoring results.
	– Results of medical examinations and laboratory tests.

AMENDATORY SECTION(Amending WSR 04-10-026, filed 4/27/04, effective 8/1/04)

WAC 296-802-600Transfer and disposal of employee records.

Summary:

Your responsibility:

To transfer or dispose of employee medical and exposure records when you go out of business.

((You must:

Transfer or dispose of employee medical and exposure records when you go out of business

WAC 296-802-60005.))

You must meet the requirements ...	in this section:
Transfer or dispose of employee medical and exposure records when you go out of business	WAC 296-802-60005

AMENDATORY SECTION(Amending WSR 12-24-071, filed 12/4/12, effective 1/4/13)

WAC 296-802-60005Transfer or dispose of employee medical and exposure records when you go out of business.

You must((:

•))follow the requirements in Table 1 when transferring or disposing of records.

Table 1

Transfer or Disposal of Records

If	Then
Another employer continues the business when you go out of business	Transfer all employee records to that employer
No other employer continues the business when you go out of business	Notify affected current employees of their rights of access to records at least three months prior to the termination of your business

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 296-802-900

Definitions.

AMENDATORY SECTION(Amending WSR 02-23-073, filed 11/19/02, effective 1/1/03)

WAC 296-833-200Shelter location and structure requirements.

((Summary.))

Your responsibility:

To provide and maintain safe and healthful housing for your temporary workers.

((You must:

Provide and maintain sufficient grounds and open areas in temporary housing sites

WAC 296-833-20005

Follow these design and equipment requirements for shelters

WAC 296-833-20010.))

You must meet the requirements…	in this section:
Provide and maintain sufficient grounds and open areas in temporary housing sites	WAC 296-833-20005
Follow these design and equipment requirements for shelters	WAC 296-833-20010

AMENDATORY SECTION(Amending WSR 02-23-073, filed 11/19/02, effective 1/1/03)

WAC 296-833-20005Provide and maintain sufficient grounds and open areas in temporary housing sites.

((You must:)) (1) You must make sure that all temporary housing sites:

((•))(a) Are adequately drained and are free from ground depressions in which water may accumulate;

((•))(b) Have no history of flooding;

((•))(c) Do not endanger any domestic or public water supply with their drainage; and

((•))(d) Are located at least two hundred feet from a swamp, pool, sink hole, or other surface collection of water unless the water surface can be treated for mosquito control.

(2) You must make sure the housing area is large enough to prevent the buildings from being crowded too closely together.

(3) You must make sure the principal housing areas for sleeping and food preparation/eating are at least five hundred feet from livestock operations.

Note:

Livestock operations include, among other things, dairy farms, corrals, slaughterhouses, feedlots, and stockyards. Operations where livestock can roam on a pasture over a distance may be treated as outside the definition.

(4) You must make sure that grounds and open areas surrounding the shelters are maintained in a clean and sanitary condition.

AMENDATORY SECTION(Amending WSR 02-23-073, filed 11/19/02, effective 1/1/03)

WAC 296-833-20010Follow these design and equipment requirements for shelters.

((You must:)) (1) You must make sure that every shelter in the camp provides protection against the elements.

(2) You must make sure each dwelling unit:

((•))(a) Has at least seventy square feet of floor space for the first occupant and at least fifty square feet of floor space for each additional occupant;

((•))(b) That is designated a family unit has a separate sleeping area for children over six years old;

((•))(c) With designated sleeping room(s) has at least fifty square feet of floor space in the sleeping room for each occupant;

((•))(d) Has at least a seven-foot ceiling;

((•))(e) Has windows((:

–))covering a total area equal to at least one-tenth of the floor area ((AND

–))with at least one-half of which can be opened for ventilation;

((•))(f) Has each exterior opening screened with 16-mesh material;

((•))(g) Has screen doors with self-closing devices.

(3) You must make sure that the floors of each shelter are constructed of wood, asphalt, or concrete.

((•))(a) Floors must be kept in good repair.

((•))(b) If wooden floors are used, they must be:

((–))(i) Elevated one foot above ground level at all points to prevent dampness and to permit free air circulation;

((–))(ii) Smooth and tight.

Note:

You may "bank" around outside walls with earth or other suitable material to guard against extreme low temperatures.

(4) You must provide beds, cots, or bunks, and suitable storage facilities such as wall lockers for clothing and personal articles in every sleeping room.

((•))(a) Beds must be at least thirty-six inches away from other beds, both side to side and end to end.

((•))(b) The frame of the bed must keep mattresses at least twelve inches off the floor.

((•))(c) Double-deck bunks must be spaced at least forty-eight inches away from other beds, both side to side and end to end.

((•))(d) The minimum clear space between lower and upper bunks must be at least twenty-seven inches.

((•))(e) Triple-deck bunks are not allowed.

(5) You must provide equipment that adequately heats the living area whenever the camp is used during cold weather.

Note:

All heating, cooking, and water heating equipment must meet state and local ordinances, codes, and regulations concerning installation.

AMENDATORY SECTION(Amending WSR 02-23-073, filed 11/19/02, effective 1/1/03)

WAC 296-833-300((Utilities))Employers must provide utilities.

((Summary.))

Your responsibility:

To provide utilities to your temporary housing camps.

((You must:

Provide electricity and lighting to temporary housing areas

WAC 296-833-30005

Provide adequate water

WAC 296-833-30010

Provide toilet facilities

WAC 296-833-30015

Follow local regulations for sewage disposal

WAC 296-833-30020.))

You must meet the requirements…	in this section:
Provide electricity and lighting to temporary housing areas	WAC 296-833-30005
Provide adequate water	WAC 296-833-30010
Provide toilet facilities	WAC 296-833-30015
Follow local regulations for sewage disposal	WAC 296-833-30020

AMENDATORY SECTION(Amending WSR 02-23-073, filed 11/19/02, effective 1/1/03)

WAC 296-833-30005Provide electricity and lighting to temporary housing areas.

((You must:)) (1) You must supply electricity to all:

((–))(a) Dwelling units

((–))(b) Kitchen facilities

((–))(c) Shower/bathroom facilities

((–))(d) Common areas

((–))(e) Laundry facilities.

Reference:

You need to follow additional requirements for electricity and lighting. See WAC 296-800-280, Basic electrical rules, in the safety and health core rules book for more information.

(2) You must provide lighting to camp buildings.

((•))(a) Make sure general lighting and task lighting are adequate for normal daily activities.

((•))(b) Make sure living quarters have:

((–))(i) One ceiling-type light fixture; and

((AND

–))(ii) One separate floor or wall convenience outlet.

((•))(c) Make sure laundry rooms, toilet rooms, and other common areas have at least:

((–))(i) One ceiling light fixture; or

((OR

–))(ii) A wall light fixture.

AMENDATORY SECTION(Amending WSR 06-05-027, filed 2/7/06, effective 4/1/06)

WAC 296-833-30010Provide adequate water.

((You must:

•))(1) You must provide a water supply that is adequate and convenient for:

((–))(a) Drinking;

((–))(b) Cooking;

((–))(c) Bathing;

((–))(d) Laundry purposes.

((•))(2) You must make sure the water supply system is:

((–))(a) Capable of delivering:

((■))(i) Thirty-five gallons per person per day to the campsite;

((■))(ii) At a peak rate of two and one-half times the average hourly demand.

((–))(b) Able to supply water to all fixtures at the same time with normal operating pressures;

((–))(c) Approved by the appropriate health authority.

((•))(3) You must supply water to each housing area by either:

((–))(a) Piping water directly to the shelters; or

((–))(b) Providing yard hydrants within one hundred feet of the shelters.

((•))(4) You must prohibit common drinking cups.

((•))(5) You must provide one or more drinking fountain(s) for each one hundred occupants (or fraction of that number) where water under pressure is available.

AMENDATORY SECTION(Amending WSR 02-23-073, filed 11/19/02, effective 1/1/03)

WAC 296-833-30015Provide toilet facilities.

Note:

For the purposes of this rule, a restroom is a room maintained on the premises for use by employees that contains a toilet. This includes outhouses.

((You must:))

(1) You must provide enough toilets for the camp's capacity.

((•))(a) Toilets and outhouses must be provided in a ratio of one for every fifteen people((,));

(b) With a minimum of two units for any facility shared by men and women.

Note:

Check with your local jurisdictions for regulations regarding outhouses.

(2) You must have enough rest rooms for each sex based on the maximum number of persons the camp is designed to house at any one time.

(3) You must provide separate rest rooms for each sex wherever rest rooms are in buildings shared by men and women.

((•))(a) Distinctly mark the rooms "men" and "women" with:

((–))(i) Signs printed in English and in the native language of the persons occupying the camp; or

((OR

–))(ii) Easily understood pictures or symbols.

((•))(b) If the facilities for each sex are in the same building, they must be separated by:

((–))(i) Solid walls; or

((OR

–))(ii) Partitions extending from the floor to the roof or ceiling.

(4) You must make sure:

((•))(a) No one has to pass through a sleeping room to reach a rest room;

((•))(b) Rest rooms have a window of at least six square feet opening directly to the outside, or are satisfactorily ventilated;

((•))(c) All outside openings are screened with 16-mesh material;

((•))(d) Fixtures, toilets, chemical toilets, or urinals are not located in a room used for other than toilet purposes;

((•))(e) A rest room is within two hundred feet of the door of each sleeping room;

((•))(f) Any outhouse is at least one hundred feet away from any sleeping room, dining room, lunch area, or kitchen.

(5) You must provide urinals as follows:

((•))(a) One urinal or two linear feet of urinal trough for each twenty-five men;

((•))(b) Construct the floor out of materials that are moisture proof, from the wall and out at least fifteen inches from the outer edge of the urinals;

((•))(c) Have an adequate water flush in urinals when water under pressure is available;

((•))(d) Urinal troughs in outhouses must:

((–))(i) Drain freely into the pit or vault; and

((AND

–))(ii) Have a drain constructed to exclude flies and rodents from the pit.

(6) You must install any new toilets in a rest room.

(7) You must make sure:

((•))(a) There is an adequate supply of toilet paper for each rest room, outhouse, or chemical toilet;

((•))(b) Toilet facilities are:

((–))(i) Kept in sanitary condition; and

((AND

–))(ii) Cleaned at least daily.

AMENDATORY SECTION(Amending WSR 02-23-073, filed 11/19/02, effective 1/1/03)

WAC 296-833-30020Follow local regulations for sewage disposal.

((You must:

•))You must provide sewage disposal systems according to local health jurisdictions.

AMENDATORY SECTION(Amending WSR 02-23-073, filed 11/19/02, effective 1/1/03)

WAC 296-833-400Service facilities: Food preparation, dining, bathing, laundry and handwashing.

((Summary.))

Your responsibility:

To provide facilities for your employees to cook, eat, do laundry, bathe, and wash their hands.

((You must:

Provide service buildings for laundry, handwashing and bathing

WAC 296-833-40005

Provide cooking, food-handling, and dining facilities

WAC 296-833-40010.))

You must meet the requirements…	in this section:
Provide service buildings for laundry, handwashing and bathing	WAC 296-833-40005
Provide cooking, food-handling, and dining facilities	WAC 296-833-40010

AMENDATORY SECTION(Amending WSR 02-23-073, filed 11/19/02, effective 1/1/03)

WAC 296-833-40005Provide service buildings for laundry, handwashing and bathing.

((You must:)) (1) You must make sure that every service building has equipment capable of maintaining a room temperature of at least seventy degrees Fahrenheit.

(2) You must make sure an adequate supply of hot and cold running water is provided for bathing and laundry purposes.

(3) You must provide:

((•))(a) One handwash basin;

((–))(i) Per family shelter; or

((OR

–))(ii) Per six persons in shared facilities.

((•))(b) One shower head for every ten persons;

((•))(c) One laundry tray or tub for every thirty persons;

((•))(d) One "deepwell" type sink in each building used for laundry, handwashing, and bathing.

(4) You must make sure all:

((•))(a) Laundry, handwashing and bathing room floors:

((–))(i) Are moisture-resistant and smooth but not slippery; and

((–))(ii) Have coved junctions of the curbing and the floor.

((•))(b) Walls and partitions of shower rooms are smooth and moisture-resistant to the height where water splashes.

((•))(c) Shower baths, shower rooms, or laundry rooms have floor drains to remove wastewater and facilitate cleaning.

(5) You must provide facilities for drying clothes.

(6) You must keep all service buildings clean.

AMENDATORY SECTION(Amending WSR 02-23-073, filed 11/19/02, effective 1/1/03)

WAC 296-833-40010Provide cooking, food-handling, and dining facilities.

((You must:)) (1) You must make sure common cooking and dining areas are of adequate size and are separated from sleeping areas by a door.

(2) You must provide enclosed and screened cooking and food-handling facilities for all occupants. The facilities must include:

((•))(a) A working cook stove or hot plate with at least one cooking surface for every two occupants;

((•))(b) A sink with hot and cold running potable water under pressure;

((•))(c) Food storage areas located off the floor;

((•))(d) Nonabsorbent, easily cleanable food preparation counters;

((•))(e) Mechanical refrigeration capable of maintaining a temperature of forty-five degrees Fahrenheit or below, with enough space to store perishable food items for all occupants;

((•))(f) Fire-resistant, nonabsorbent, nonasbestos, and easily cleanable wall coverings close to cooking areas;

((•))(g) Nonabsorbent, easily cleanable floors;

((•))(h) At least one ceiling or wall light fixture;

((•))(i) Lighting adequate for normal food preparation activities;

((•))(j) Adequate ventilation for cooking facilities.

(3) You must make sure that dining halls:

((•))(a) Meet the requirements of the department of health's rules in chapter 246-215 WAC, Food service;

((•))(b) Have no direct openings to living or sleeping areas;

((•))(c) Have fire-resistant, nonabsorbent, nonasbestos, and easy-to-clean wall coverings adjacent to cooking areas;

((•))(d) Have nonabsorbent, easy-to-clean floors;

((•))(e) Have at least one ceiling or wall light fixture;

((•))(f) Have lighting adequate for normal dining activities.

AMENDATORY SECTION(Amending WSR 02-23-073, filed 11/19/02, effective 1/1/03)

WAC 296-833-500Waste disposal and pest control.

((Summary.))

Your responsibility:

To make sure your temporary housing camps are kept sanitary.

((You must:

Follow proper waste disposal procedures

WAC 296-833-50005

Control insects, rodents, and other pests

WAC 296-833-50010.))

You must meet the requirements…	in this section:
Follow proper waste disposal procedures	WAC 296-833-50005
Control insects, rodents, and other pests	WAC 296-833-50010

AMENDATORY SECTION(Amending WSR 02-23-073, filed 11/19/02, effective 1/1/03)

WAC 296-833-50005Follow proper waste disposal procedures.

((You must:

•))(1) You must provide at least one garbage container for each family shelter. Garbage containers must be:

((–))(a) Placed on a wooden, metal, or concrete pad; and

((AND

–))(b) Located within one hundred feet of each shelter.

((•))(2) You must provide garbage containers that:

((–))(a) Are nonabsorbent;

((–))(b) Are cleanable OR only used once (for example, a disposable plastic liner);

((–))(c) Can be securely closed.

((•))(3) You must make sure garbage containers are kept clean and emptied:

((–))(a) At least twice a week; and

((AND

–))(b) When full.

AMENDATORY SECTION(Amending WSR 02-23-073, filed 11/19/02, effective 1/1/03)

WAC 296-833-50010Control insects, rodents, and other pests.

((You must:

•))(1) You must take steps to effectively prevent insects, rodents, and other pests from infesting camp areas.

((•))(2) You must carry out a continuing and effective control program where pests have been detected.

AMENDATORY SECTION(Amending WSR 02-23-073, filed 11/19/02, effective 1/1/03)

WAC 296-833-600Employee first aid and communicable disease reporting.

((Summary.))

Your responsibility:

To guard the general health of your employees by providing first-aid facilities and reporting communicable diseases.

((You must:

Provide first-aid facilities

WAC 296-833-60005

Report communicable diseases

WAC 296-833-60010.))

You must meet the requirements…	in this section:
Provide first-aid facilities	WAC 296-833-60005
Report communicable diseases	WAC 296-833-60010

AMENDATORY SECTION(Amending WSR 02-23-073, filed 11/19/02, effective 1/1/03)

WAC 296-833-60005Provide first-aid facilities.

((You must:

•))(1) You must provide and maintain adequate first-aid facilities; and

((AND

•))(2) You must make sure a person trained in first aid is in charge of the first-aid facilities.

Reference:

See WAC 296-800-150, First aid, in the core rules book for requirements for first-aid training and supplies.

AMENDATORY SECTION(Amending WSR 02-23-073, filed 11/19/02, effective 1/1/03)

WAC 296-833-60010Report communicable diseases.

((You must:

•))You must immediately report to the local health officer:

((–))(1) The name and address of any individual in the camp known to or suspected of having a communicable disease listed in the department of health's list of notifiable conditions, chapter 246-101 WAC;

((–))(2) Any suspected food poisoning; and

((–))(3) Any unusual occurrence of:

((•))(a) Fever;

((•))(b) Diarrhea;

((•))(c) Sore throat;

((•))(d) Vomiting;

((•))(e) Jaundice.

NEW SECTION

WAC 296-843-099Definitions.

Buddy system. A system of organizing employees into work groups so that each employee is assigned to observe another employee in the same work group. The purpose of this system is to provide rapid assistance to employees in the event of an emergency.

Clean-up operation. An operation where hazardous substances are removed, contained, incinerated, neutralized, stabilized, cleared up, or in any other manner processed or handled with the goal of making the site safer for people or the environment.

Contamination reduction zone. The buffer zone between the exclusion and the clean zone.

Decontamination. The removal of hazardous substances from employees and equipment, to the extent necessary, to avoid foreseeable adverse health effects.

Emergency response or responding to emergencies. An organized response to an anticipated release of a hazardous substance that is, or could become, an uncontrolled release.

Exclusion zone. A controlled area at a site, where contamination occurs, that is a risk to human health or the environment.

Exposure or exposed. Employee contact with a toxic substance, harmful physical agent, or oxygen deficient condition. Exposure can occur through various routes of entry, such as inhalation, ingestion, skin contact, or skin absorption.

Facility. Any building structure, installation, equipment, pipe, or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, storage container, motor vehicle, rolling stock, or aircraft; or

Any site or area where a hazardous substance has been deposited, stored, disposed of, placed, or otherwise located (not including any boat, ship or barge).

Hazardous materials team (HAZMAT team). A group of employees who are expected to perform responses to releases, or possible releases, of hazardous substances for the purpose of control and stabilization. As a result of their duties, HAZMAT team members may have close contact with hazardous substances.

Hazardous substance. Any of the following substances that could adversely affect an exposed employee's health or safety:

(a) Substances defined under section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) or "Superfund" Act (found at http://www.epa.gov).

(b) Biological or other disease-causing agents released that could reasonably be expected to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions, including malfunctions in reproduction, or physical deformations in a person or their offspring when the person:

(i) Is directly exposed to the agent in the environment.

(ii) Directly ingests, inhales, or assimilates the agent from the environment.

(iii) Indirectly ingests the agent through a food chain.

(c) Substances listed by the United States Department of Transportation as hazardous materials under Title 49 (Transportation) in the Code of Federal Regulations (C.F.R.), Part 172, Section 101 and appendices (found at http://www.nara.gov, search for "List of C.F.R. subjects").

(d) Hazardous wastes as defined in this chapter.

Hazardous waste. Any substance designated by the department of ecology as a dangerous or extremely hazardous waste by chapter 173-303 WAC, Dangerous waste regulations.

Hazardous waste site. A hazardous waste site is any facility or location within the scope of this chapter.

Health hazard. Means a chemical or a pathogen where acute or chronic health effects may occur in exposed employees. It also includes stress due to temperature extremes. The term health hazard includes chemicals that are classified in accordance with the hazard communication standard, WAC 296-901-140, as posing one of the following hazardous effects: Acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenicity; reproductive toxicity; specific target organ toxicity (single or repeated exposure); aspiration toxicity or simple asphyxiant. (See WAC 296-901-14022 Appendix A—Health hazard criteria, mandatory, for the criteria for determining whether a chemical is classified as a health hazard.)

IDLH or immediately dangerous to life or health. Any atmospheric condition that would:

(a) Cause an immediate threat to life; or

(b) Cause permanent or delayed adverse health effects; or

Incidental release. A release that can be safely controlled at the time of the release and does not have the potential to become an uncontrolled release.

An example of a situation that results in an incidental release:

A tanker truck is receiving a load of hazardous liquid when a leak occurs. The driver knows the only hazard from the liquid is minor skin irritation. The employer has trained the driver on procedures and provided equipment to use for a release of this quantity. The driver puts on skin protection and stops the leak. A spill kit is used to contain, absorb, and pick up the spilled material for disposal.

Oxygen deficiency. An atmosphere where the percentage of oxygen by volume is less than 19.5%.

Permissible exposure limit (PEL). Permissible exposure limits (PELs) are employee exposures to toxic substances or harmful physical agents that must not be exceeded. PELs are specified in applicable DOSH rules.

Postemergency response. The stage of the emergency response where the immediate threat from the release has been stabilized or eliminated, and cleanup of the site has started. For more information, see the definition for "emergency response."

Published exposure level. Exposure limits published in "National Institute for Occupational Safety and Health (NIOSH) Recommendations for Occupational Safety and Health" (DHHS publication #92-100, 1992).

If an exposure limit is not published by NIOSH, then "published exposure level" means the exposure limits published by the American Conference of Governmental Industrial Hygienists (ACGIH) in "TLVs and BEIs-Threshold Limit Values for Chemical Substances and Physical Agents" (1999 edition).

Safety data sheet (SDS). Written, printed, or electronic information (on paper, microfiche, or on-screen) that informs manufacturers, distributors, employers or employees about a hazardous chemical, its hazards and protective measures as required by WAC 296-901-14014 Safety data sheets.

Site safety and health supervisor (or official). The individual present at a hazardous waste site who is responsible to the employer and has the authority and knowledge necessary to establish the site-specific health and safety plan and verify compliance with applicable safety and health requirements.

Site work zones. Zones established at a hazardous waste site before clean-up work begins to control work on the site and access to the site. The work zones are: Exclusion zone, contamination reduction zone, and clean zone.

Uncontrolled hazardous waste site. An area where an accumulation of hazardous substances creates a threat to the health and safety of individuals or the environment or both. Examples include: Former municipal, county, or state landfills, locations where illegal or poorly managed waste disposal has taken place, or property of generators or former generators of hazardous substance waste (surface impoundments, landfills, dumps, and tank or drum farms).

Uncontrolled release. A release where significant safety and health risks could be created. Releases of hazardous substances that are either incidental or could not create a safety or health hazard (i.e., fire, explosion, or chemical exposure) are not considered to be uncontrolled releases.

Examples of conditions that could create a significant safety and health risk:

(a) Large-quantity releases.

(b) Small releases that could be highly toxic.

(d) Airborne exposures that could exceed a DOSH permissible exposure limit or a published exposure limit and employees are not adequately trained or equipped to control the release.

Example of an uncontrolled release:

A forklift driver knocks over a container of a solvent-based liquid, releasing the contents onto the warehouse floor. The driver has been trained to recognize the vapor is flammable and moderately toxic when inhaled. The driver has not been trained or provided appropriate equipment to address this type of spill. In this situation, it is not safe for the driver to attempt a response. The driver needs to notify someone of the release so an emergency response can be initiated.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-100Scope.

This chapter applies if you have any of the following:

((•))(1) Employees working in operations involving hazardous waste at a treatment, storage, and disposal (TSD) facility required to have a permit or interim status AND regulated by any of the following:

((–))(a) 40 C.F.R. Parts 264 and 265 under the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6901 et seq.;

((–))(b) Agencies implementing RCRA through agreements with the United States Environmental Protection Agency (U.S.E.P.A.);

((–))(c) Chapter 173-303 WAC, Dangerous waste regulations; ((OR

•))or

(2) Employees conducting initial investigations of government-identified sites before determining whether hazardous substances are present; ((OR

•))or

(3) Corrective actions, involving clean-up operations, at sites covered by the Resource Conservation and Recovery Act of 1976 (RCRA) as amended (42 U.S.C. 6901 et seq.) or chapter 70.105 RCW, Hazardous waste management; ((OR

•))or

(4) Employees performing clean-up operations at an uncontrolled hazardous waste site. Sites include, but are not limited to:

((–))(a) The Environmental Protection Agency's (EPA) National Priority Site List (NPL); see http://www.epa.gov/superfund/sites/npl/wa.htm;

((–))(b) Sites recommended for inclusion on the EPA NPL;

((–))(c) State priority site lists, for example those listed under chapter 173-340 WAC, Model Toxics Control Act (MTCA); see http://www.ecy.wa.gov/programs/tcp/cscs/CSCSpage.HTM;

((–))(d) Unlisted sites recognized by a federal, state or local government as an uncontrolled hazardous waste site. Examples of such sites include:

((■))(i) Sites that do not meet clean-up goals established by the MTCA and that pose a threat or potential threat to human health or the environment;

((■))(ii) Clandestine drug lab sites designated for cleanup;

((–))(e) Postemergency response cleanup at the site of a hazardous substance release regulated by chapter 296-824 WAC, Emergency response.

IMPORTANT:

This chapter applies to hazardous waste sites until cleanup at the site is determined to be complete by the governing regulatory agency.

Illustration 1

Other rules that may apply to hazardous waste operations:

You will find safety and health requirements (for example, personal protective equipment) are addressed in other rules and also in this chapter. If you find a conflict in requirements, you need to meet the more protective requirement. Contact your local L&I office if you need assistance in making this determination.

Examples of other rules that may apply:

((•))1. Chapter 296-800 WAC, Safety and health core rules:

((–))a. WAC 296-800-140((,)) Accident prevention program;

((–))b. WAC 296-800-210((,)) Lighting;

((–))c. WAC 296-800-230((,)) Drinking water, bathrooms, washing facilities and waste disposal.

((•))2. Chapter 296-24 WAC, Safety standards for general safety.

((•))3. Chapter 296-833 WAC, Temporary housing for workers.

((•))4. Chapter 296-62 WAC, General occupational health.

((•))5. Chapter 296-155 WAC, Safety standards for construction work.

((•))6. Chapter 296-824 WAC, Emergency response.

((•))7. Chapter 296-841 WAC, Respiratory hazards.

((•))8. Chapter 296-842 WAC, Respirators.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-110Evaluations and inspections.

Your responsibility:

To conduct evaluations before entering the site and periodically throughout the hazardous waste operations.

((You must:

Complete a preliminary site evaluation before allowing employees to enter the site

WAC 296-843-11005.

Conduct ongoing evaluations of safety and health hazards

WAC 296-843-11010.))

You must meet the requirements ...	in this section:
Complete a preliminary site evaluation before allowing employees to enter the site	WAC 296-843-11005
Conduct ongoing evaluations of safety and health hazards	WAC 296-843-11010

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-11005Complete a preliminary site evaluation before allowing employees to enter the site.

You must((:

•))complete a preliminary site evaluation by doing all the following:

Collect or develop the following information to the extent available:	•	The site location and approximate size
	•	A description of the response activity and the job tasks to be performed
	•	The time needed to cover all planned activities
	•	The site's topography and all ways to access the site
	•	The current status and capabilities of any emergency response team assisting during an emergency
	•	The safety and health hazards expected at the site
	•	The hazardous substances and health hazards at the site, including their chemical and physical properties
	•	All hazardous substance dispersion pathways
	•	An emergency response plan
Have a qualified person evaluate the preliminary site information to identify:	•	Potential site hazards and risks
	•	The most appropriate methods to protect employees
	•	Conditions that have the potential to cause death or serious harm, including potential inhalation or skin absorption hazards that are immediately dangerous to life or health (IDLH)
		–	Examples include:
			■	Confined space entry
			■	Potentially explosive or flammable environments
			■	Visible vapor clouds
			■	Areas where plants or animals have died
	•	Risks related to specific on-site hazardous substances and health hazards
		–	Examples include:
			■	Exposures exceeding the permissible exposure limits (PELs) or published exposure levels
			■	IDLH concentrations
			■	Potential skin absorption and irritation sources
			■	Potential eye irritation sources
			■	Explosion sensitivity and flammability ranges
			■	Oxygen deficient atmospheres
Have a qualified person prepare an initial site characterization and analysis for the site to:	•	Identify known and suspected health and safety hazards for the site
	•	Aid in selecting control methods to protect employees from site hazards
	•	Brief employees on site conditions before any work starts
	•	Initiate the site-specific health and safety plan (HASP)

Note:

Characterization and analysis of site hazards is an ongoing process for work on the hazardous waste site.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-11010Conduct ongoing evaluations of safety and health hazards.

((You must:)) (1) You must have a qualified person complete further evaluation of health and safety hazards at the site immediately after initial entry to:

((•))(a) Identify site hazards in more detail.

((•))(b) Help select appropriate:

((–))(i) Control methods to protect employees from site hazards.

((–))(ii) Personal protective equipment (PPE) for site operations.

Note:

For more information, see WAC 296-843-170((,)) Hazard controls, and WAC 296-843-190((,)) Personal protective equipment.

((You must:))

(2) You must make sure your site safety and health supervisor or another qualified person performs periodic inspections to:

((•))(a) Determine if the site-specific HASP is effective.

((•))(b) Correct any deficiencies.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-120Health and safety plan (HASP).

Your responsibility:

To establish a written health and safety plan (HASP).

((You must:

Develop and maintain a written site-specific health and safety plan (HASP)

WAC 296-843-12005.))

You must meet the requirements ...	in this section:
Develop and maintain a written site-specific health and safety plan (HASP)	WAC 296-843-12005

AMENDATORY SECTION(Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)

WAC 296-843-12005Develop and maintain a written site-specific health and safety plan (HASP).

Reference:

If your overall program required under WAC 296-800-140((,)) Accident prevention program (APP), meets requirements of this chapter, you do not need to duplicate those portions of your APP in the site-specific health and safety plan (HASP).

((You must:

•))(1) You must develop a written HASP for each hazardous waste site, BEFORE beginning hazardous waste operations, that includes at least the following:

(a)Hazard analysis:

((–))(i) Identification and evaluation of on-site safety and health hazards.

((–))(ii) A safety and health risk (hazard) analysis for each site task and operation that is identified in the comprehensive work plan.

(b)Organization chart:

((–)) An organizational structure that reflects current site operations, including the following:

((■))(i) Establish and identify the chain of command.

((■))(ii) Identify the site safety and health supervisor and other personnel responsible for employee safety and health.

((■))(iii) Specify the overall responsibilities of supervisors and employees.

((■))(iv) Include the name and title of the person with responsibility and authority to direct all hazardous waste operations.

((■))(v) Include a site safety and health supervisor responsible for developing and implementing the HASP and verifying compliance.

((■))(vi) Identify the functions and responsibilities of all personnel needed for hazardous waste operations and emergency response.

((■))(vii) Identify site specific lines of authority, responsibility, and communication.

(c)Comprehensive work plan:

((–)) A written comprehensive work plan of tasks, objectives, logistics, and resources for site operations, including the following:

((■))(i) Addresses anticipated clean-up activities and normal operating procedures unless that information is already available in another document.

((■))(ii) Defines work tasks and objectives.

((■))(iii) Describes how the work tasks and objectives will be accomplished.

((■))(iv) Establishes the personnel requirements to implement the work plan.

((■))(v) Provides for implementation of training, briefings, and information as required by WAC 296-843-200.

(d)Site control plan:

((–)) An up-to-date site control plan before clean-up operations begin to minimize employee exposure to hazardous substances and including the following (unless it's available in another document):

((■))(i) A site map.

((■))(ii) Establish site work zones.

((■))(iii) How the "buddy system" is used.

((■))(iv) The site communications plan, including how employees are alerted during emergencies.

((■))(v) The site's standard operating procedures (SOPs) or safe work practices.

((■))(vi) Identification of the nearest medical assistance.

(e)Personal protective equipment:

((–)) A PPE plan that addresses all of the following:

((■))(i) Site hazards and activities.

((■))(ii) Methods to evaluate the effectiveness of the PPE plan.

((■))(iii) Criteria for selecting and fitting PPE, including work duration, use limitations of particular PPE, and medical considerations such as temperature extremes and heat stress.

((■))(iv) Training on PPE use.

((■))(v) Procedures for putting on and taking off PPE.

((■))(vi) PPE inspection procedures prior to, during, and after use.

((■))(vii) Decontamination and disposal of PPE.

((■))(viii) Maintenance and storage of PPE.

(f)Additional elements:

((–))(i) A sampling and monitoring plan (see WAC 296-843-130) that includes sampling of drums and containers.

((–))(ii) Site control measures (see WAC 296-843-140).

((–))(iii) Decontamination procedures (see WAC 296-843-150).

((–))(iv) Spill containment plans (see WAC 296-843-180((,)) Drum and container handling).

((–))(v) Standard operating procedures for sampling, managing, and handling drums and containers (see WAC 296-843-180).

((–))(vi) Entry procedures for tanks or vaults (see chapter 296-809 WAC, Confined spaces).

((–))(vii) A training, briefings, and information plan (see WAC 296-843-200).

((–))(viii) A medical surveillance plan (see WAC 296-843-210), that includes site-specific medical surveillance requirements.

((–))(ix) Sanitation (see WAC 296-155-140).

((–))(x) Lighting (see WAC 296-800-210).

((–))(xi) Excavations (see chapter 296-155 WAC, Part N, Excavation, trenching and shoring).

((–))(xii) Any relationship or interaction between other programs and the site-specific program.

Note:

The emergency response plan required by WAC 296-843-160((,)) Emergency response for hazardous waste sites, is also included as a separate section in the HASP.

((You must:

•))(2) You must keep a copy of your HASP on site.

Reference:

For more information, see WAC 296-843-220((,)) Recordkeeping and information access.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-130Sampling and monitoring.

Your responsibility:

To conduct monitoring for health and safety hazards to protect employees.

((You must:

Conduct monitoring for health and safety hazards during initial site entry

WAC 296-843-13005.

Evaluate employee exposure to hazardous substances during clean-up operations

WAC 296-843-13010.))

You must meet the requirements ...	in this section:
Conduct monitoring for health and safety hazards during initial site entry	WAC 296-843-13005
Evaluate employee exposure to hazardous substances during clean-up operations	WAC 296-843-13010

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-13005Conduct monitoring for health and safety hazards during initial site entry.

((You must:

•))(1) You must make visual observations of the site to detect signs of actual or potential immediately dangerous to life or health (IDLH) or other dangerous conditions.

((•))(2) You must conduct representative air monitoring with direct reading test equipment, when the preliminary site evaluation does not eliminate the potential for ionizing radiation or IDLH conditions.

((•))(3) You must assess the following:

((–))(a) Potential IDLH conditions.

((–))(b) Exposure over radioactive material dose limits.

((–))(c) Potential exposure over permissible exposure limits (PELs) or other published exposure levels.

((–))(d) Other dangerous conditions, such as the presence of flammable or oxygen-deficient atmospheres.

Reference:

See WAC 296-62-09004((,)) Ionizing radiation, for additional information about radioactive material dose limits.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-13010Evaluate employee exposure to hazardous substances during clean-up operations.

IMPORTANT:

The clean-up operation begins when soil, surface water, or containers are moved or disturbed.

((You must:

•))(1) You must identify the type of personnel monitoring and environmental sampling you plan to use, including instrumentation.

((•))(2) You must include requirements for maintaining and calibrating the monitoring and sampling instruments used.

((•))(3) You must monitor whenever employees may be exposed to concentrations exceeding PELs or other published exposure levels.

((•))(4) You must evaluate employees who are likely to have the highest exposure:

((–))(a) Monitor all employees who are likely to have the highest exposure to hazardous substances or health hazards above the PEL or published exposure limit.

((–))(b) Use personal sampling frequently enough to characterize the exposures of these employees.

((■))(c) When results indicate exposure is over the PEL or other published exposure level, identify all employees likely to be above the PEL or published exposure limit.

Note:	You may use a representative sampling approach by documenting that the employees and chemicals chosen for monitoring are representative of both:
	((•))1. Employee exposure to hazardous substances; and
	((AND))
	((•))2. Employees not sampled.

((You must:

•))(5) You must conduct monitoring when the possibility of one of the following exists:

((–))(a) An atmosphere that is immediately dangerous to life or health (IDLH); ((OR

–))or

(b) A flammable atmosphere; ((OR

–))or

Examples of situations where these possibilities may exist:

((■))(i) Work begins on a different portion of the site.

((■))(ii) Contaminants other than those previously monitored are being handled.

((■))(iii) A different type of site operation starts, such as moving from drum opening to exploratory well drilling.

((■))(iv) Handling leaking drums or containers.

((■))(v) Working in areas with obvious liquid contamination such as a spill or lagoon.

((■))(vi) Time has passed and employee exposure levels may have significantly increased.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-140Site control.

Your responsibility:

To establish a plan to control access to the site.

((You must:

Establish a site control plan

WAC 296-843-14005.))

You must meet the requirements ...	in this section:
Establish a site control plan	WAC 296-843-14005

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-14005Establish site control.

((You must:

•))(1) You must maintain site work zones and site control as required by Table 1, Site Work Zone Requirements.

((•))(2) You must control access to the exclusion and contamination reduction zones.

((•))(3) You must make sure people wear personal protective equipment (PPE) appropriate to their work zone.

Table 1

Site Work Zone Requirements

For this type of work zone:	You must:
Exclusion zone	•	Establish entry and exit checkpoints on the zone's boundary
	•	Regulate the flow of people and equipment into and out of the zone
	•	Make sure exits go through a contamination reduction corridor
Contamination reduction zone with a contamination reduction corridor	•	Enter through a control point from the clean zone
	•	Provide a transition or buffer between the exclusion zone and the clean zone
	•	Perform all decontamination procedures
	•	Establish separate decontamination routes for people and equipment, if practical
	•	Remove all PPE worn in the contamination reduction or exclusion zones before entering the clean zone
Clean zone or support zone	Have no employee exposure to hazardous substances or health hazards

Note:

See Illustration 2 for an example of site work zones.

Illustration 2 - Site

Work Zones

Illustration 2a -

Contamination

Reduction Corridor

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-150Worker and equipment decontamination.

Your responsibility:

To make sure the necessary facilities and equipment for effective decontamination are available and used.

((You must:

Establish and implement decontamination procedures before any worker or equipment enters a contaminated area

WAC 296-843-15005.

Provide showers and changing rooms

WAC 296-843-15010.

Provide washing facilities

WAC 296-843-15015.))

You must meet the requirements ...	in this section:
Establish and implement decontamination procedures before any worker or equipment enters a contaminated area	WAC 296-843-15005
Provide showers and changing rooms	WAC 296-843-15010
Provide washing facilities	WAC 296-843-15015

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-15005Establish and implement decontamination procedures before any worker or equipment enters a contaminated area.

((You must:

•))You must establish, implement, and communicate decontamination procedures to all workers, to include the following:

((–))(1) Standard operating procedures to minimize worker contact with:

((■))(a) Hazardous substances.

((■))(b) Contaminated equipment.

((–))(2) Decontaminating all:

((■))(a) Workers leaving a contaminated area.

((■))(b) Equipment leaving a contaminated area.

((–))(3) Decontaminating, cleaning, laundering, repairing, or replacing protective clothing or equipment (PPE) as needed to maintain effectiveness.

((–))(4) Immediate removal of clothing, such as cotton coveralls, wet with hazardous substances and use of the nearest shower.

((■)) Decontaminate or dispose of clothing before removal from the work zone.

((–))(5) Periodically monitoring procedures for effectiveness by the site safety and health supervisor.

((–))(6) Correct your procedures when found ineffective.

((–))(7) Establish decontamination areas to minimize contact of contaminated employees and equipment with uncontaminated employees or equipment.

((–))(8) Make sure only authorized employees remove protective clothing or equipment from changing rooms.

((–))(9) Inform commercial laundries or cleaning establishments about the potentially harmful effects from exposure to hazardous substances.

((–))(10) Properly decontaminate or dispose of decontamination equipment and solvents.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-15010Provide showers and changing rooms.

((You must:

•))(1) You must provide changing areas and showers outside a contaminated area, when needed for worker decontamination, that include at least the following:

((–))(a) Separate changing areas:

((■))(i) One to provide a clean area where employees can remove, store, and put on street clothing with an exit leading off the work site.

((■))(ii) Another where employees can put on, remove, store, and dispose of work clothing and PPE with an exit leading to the work site.

((–))(b) A shower area separating the changing areas.

((•))(2) You must prevent clean areas from being contaminated by hazardous substances.

((•))(3) You must provide and use other effective means for worker cleansing, if temperature conditions prevent the effective use of water.

((•))(4) You must locate showers and change rooms where worker exposures are below permissible exposure limits (PELs) or other published exposure levels.

((–)) If this cannot be accomplished, use a ventilation system to supply air that is below the PELs or published exposure levels.

((•))(5) You must make sure all workers shower at the end of their work shift or before they leave the site, when needed for worker decontamination.

Illustration 3 is a sample diagram of a change room layout.

Change Room Layout

Illustration 3

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-15015Provide washing facilities.

((You must:

•))You must provide adequate washing facilities to employees working in hazardous waste operations that are:

((–))(1) Close and convenient to the work area.

((–))(2) Located in areas where employee exposure is below PELs or other published exposure levels.

((–))(3) Equipped so an employee can remove hazardous substances from themselves without assistance.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-160Emergency response for hazardous waste sites.

Your responsibility:

To establish an emergency response plan for emergencies at the hazardous waste site.

((You must:

Establish an emergency response plan for anticipated emergencies before beginning hazardous waste operations

WAC 296-843-16005.))

You must meet the requirements ...	in this section:
Establish an emergency response plan for anticipated emergencies before beginning hazardous waste operations	WAC 296-843-16005

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-16005Establish an emergency response plan for anticipated emergencies before beginning hazardous waste operations.

Exemption:	Employers are exempt from preparing an emergency response plan if they do ALL of the following:
	((•))1. Evacuate all employees from the danger area during an emergency.
	((•))2. Prohibit employees from assisting in the emergency response.
	((•))3. Prepare an emergency action plan that complies with WAC 296-24-567(1)((,))evacuation plan.

IMPORTANT:

Treatment, storage, and disposal (TSD) employers are not required to duplicate subjects fully addressed in the contingency plan required by permits when the contingency plan is part of their emergency response plan. Examples of permits would be those issued by the department of ecology.

((You must:))

(1) You must establish and maintain the plan to reflect current site conditions, information, and personnel:

((•))(a) Include policies or procedures for at least the following:

((–))(i) Preemergency planning.

((–))(ii) Coordination with outside organizations.

((–))(iii) Current site topography, layout, and weather conditions.

((–))(iv) Personnel roles.

((–))(v) Lines of authority.

((–))(vi) Communication.

((–))(vii) Reporting incidents to local, state, and federal government agencies.

((–))(viii) Emergency recognition and prevention.

((–))(ix) Safe distances and places of refuge.

((–))(x) Site security and control.

((–))(xi) Evacuation routes.

((–))(xii) Decontamination not covered by the site-specific HASP.

((–))(xiii) Emergency medical treatment and first aid.

((–))(xiv) Emergency alert and response.

((–))(xv) Personal protective equipment and emergency equipment.

((–))(xvi) Employee training.

((–))(xvii) Critique of the response effort and appropriate followup.

((•))(b) Use available information at the time of the emergency to:

((–))(i) Evaluate the incident and site response capabilities.

((–))(ii) Proceed with appropriate steps to implement your emergency response plan.

((•))(c) Make sure the emergency response plan is:

((–))(i) Kept as a separate section of your site-specific health and safety plan (HASP); ((AND

–))and

(ii) Integrated and compatible with, local, state, and federal plans for disasters, fires, and emergency responses.

(2) You must establish an alarm system to alert employees to ((all of the following:

•))an on-site emergency incident:

((–))(a) To stop work activities, if necessary.

((–))(b) To lower background noise to assist communication.

((–))(c) To begin emergency procedures.

(3) You must rehearse the plan as part of site operations training.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-170Employee exposure controls.

Your responsibility:

Implement feasible controls to protect employees from exposure to site hazards.

((You must:

Control employee exposure to site health and safety hazards

WAC 296-843-17005.))

You must meet the requirements ...	in this section:
Control employee exposure to site health and safety hazards	WAC 296-843-17005

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-843-17005Control employee exposure to site health and safety hazards.

((You must:

•))(1) You must use feasible controls, selected based on monitoring and other available information, to protect employee exposure above permissible exposure limits (PELs) or other published exposure levels.

((–)) Examples of controls include:

((■))(a) Installing pressurized cabs or control booths on equipment.

((■))(b) Using remotely operated material handling equipment.

((■))(c) Removing all nonessential employees when opening drums.

((■))(d) Wetting down dusty operations.

((■))(e) Positioning employees upwind of possible hazards.

((•))(2) You must evaluate new technologies and other control measures before using them on a large scale.

((•))(3) You must use any reasonable combination of controls and personal protective equipment (PPE) to reduce and maintain employee exposure at or below the PELs, published exposure levels, or dose levels when controls are not:

((–))(a) Feasible; ((OR

–))or

(b) Effective.

((•))(4) You must make sure PPE is NOT used as a replacement control.

((–)) PPE should be used only as a supplement to controls.

Note:

For those hazardous substances without PELs or published exposure levels, use other published literature and safety data sheets (SDSs) to help decide what level of protection is appropriate. For more information about SDSs, see WAC 296-901-14014((,)) Safety ((date))data sheets.

((You must:

•))(5) You must use employee rotation to reduce exposure below ionizing radiation PELs or dose limits, when that is the only feasible means of protecting employees.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-180Drum and container handling.

Your responsibility:

To handle drums and containers in ways that minimize the hazard to employees.

((You must:

Handle drums and containers safely

WAC 296-843-18005.

Handle drums and containers suspected of containing shock-sensitive (explosive) wastes safely

WAC 296-843-18010.

Maintain worker safety in drum and container opening areas

WAC 296-843-18015.

Ship and transport drums and containers safely

WAC 296-843-18020.))

You must meet the requirements ...	in this section:
Handle drums and containers safely	WAC 296-843-18005
Handle drums and containers suspected of containing shock-sensitive (explosive) wastes safely	WAC 296-843-18010
Maintain worker safety in drum and container opening areas	WAC 296-843-18015
Ship and transport drums and containers safely	WAC 296-843-18020

IMPORTANT:

((•))1. Containers or drums containing shock-sensitive (explosive) or potentially shock-sensitive wastes require special handling precautions.

((•))2. Handle, transport, label, and dispose of drums and containers according to this chapter and other United States Department of Transportation (DOT), ((WISHA))Washington department of labor and industries' DOSH, EPA, and Washington department of ecology regulations for:

((–))a. Drums.

((–))b. Containers.

((–))c. Hazardous substances.

((–))d. Contaminated soils.

((–))e. Liquids, and other residues.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-18005Handle drums and containers safely.

Preparation for moving drums and containers:

((You must:

•))(1) You must assess hazards to employees, such as radioactive waste, before handling drums and containers.

((•))(2) You must consider unlabeled drums and containers to contain hazardous substances and handle them accordingly, until the contents are positively identified, labeled, and assessed for hazards.

((•))(3) You must inspect and make sure drums and containers are sound before moving them.

((–)) If it is not practical to inspect drums without moving them, move drums and containers to an accessible location and inspect prior to further handling.

((•))(4) You must remove soil or other materials covering drums or containers with caution to prevent rupture.

((•))(5) You must use ground-penetrating systems or other types of detection systems or devices to estimate the location and depth of buried drums or containers.

((•))(6) You must use the sampling plan and procedures included in the site-specific HASP to sample the contents of containers and drums.

Moving drums and containers:

((You must:

•))(7) You must warn all employees exposed to drum movement operations about the potential hazards associated with the contents of the drums or containers prior to moving them.

((•))(8) You must minimize movement of drums or containers.

((•))(9) You must select, position, and operate tools and material handling equipment to prevent the ignition of flammable vapors.

((•))(10) You must handle tanks and vaults containing hazardous substances with the same precautions as for drums and containers, taking into account the size of tank or vault.

Handling spills and leaks:

((You must:

•))(11) You must contain and isolate the entire volume of a hazardous substance in a drum or container when a spill occurs.

((•))(12) You must have available and use both of the following in areas where spills, leaks, or ruptures may occur:

((–))(a) United States Department of Transportation (DOT) specified salvage drums or containers.

((–))(b) Suitable quantities of proper absorbent materials.

((•))(13) You must empty drums and containers, that cannot be moved without rupturing, leaking, or spilling, into a sound container.

((–)) Use a pump or other device classified for the material being transferred.

((•))(14) You must have fire-extinguishing equipment on-hand to control fires in their initial stage.

Reference:

For further information, see the safety and health core rules, WAC 296-800-300((,)) Portable fire extinguishers.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-18010Handle drums and containers suspected of containing shock-sensitive (explosive) wastes safely.

((You must:

•))(1) You must allow only essential employees in the transfer area.

((•))(2) You must communicate as follows:

((–))(a) Signal the beginning and end of shock-sensitive (explosive) waste handling activities with an alarm system that is capable of being perceived above background light and noise.

((–))(b) Maintain continuous communications throughout the ((handing))handling operation:

((■))(i) Between the employee-in-charge of the immediate handling area AND the site safety and health supervisor AND the command post.

((■))(ii) Using portable radios, hand signals, or telephones, as appropriate.

((–))(c) Prevent the use of communication equipment or methods that could cause shock-sensitive (explosive) materials to explode.

((•))(3) You must provide material handling equipment with explosive containment devices or shields to protect equipment operators from exploding containers.

((• Do))(4) You must not move bulging or swollen drums or containers until the cause for excess pressure is determined and you can move the drum or container safely.

((•))(5) You must consider packaged laboratory wastes or laboratory waste packs shock-sensitive or explosive until the contents have been characterized.

((–)) Make sure laboratory waste packs are opened only((:

■))when necessary((.

■))and by a person knowledgeable in the inspection, classification, and segregation of the containers within the pack.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-18015Maintain worker safety in drum and container opening areas.

((You must:

•))(1) You must keep employees who are not involved in opening drums or containers a safe distance from the opening area.

((•))(2) You must use appropriate shielding between the employee and the drums or containers, when excess interior pressure cannot be relieved from a remote location.

((•))(3) You must provide an explosion-resistant barrier that does not interfere with the work to protect employees working near or adjacent to drum or container opening operations from accidental explosions.

((•))(4) You must position controls for drum or container opening equipment, monitoring equipment, and fire suppression equipment behind the explosion-resistant barrier. Prohibit employees from standing on or working from drums or containers.

Reference:

The shipment of shock-sensitive (explosive) waste may be prohibited under United States Department of Transportation (DOT) regulations. You and your shipper should refer to title 49 C.F.R.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-18020Ship and transport drums and containers safely.

((You must:)) (1) You must identify and classify drum and container contents prior to packaging for shipment.

(2) You must provide staging areas:

((•))(a) Each staging area must have adequate entry and exit routes.

((•))(b) The number of drum or container staging areas must be kept to the minimum needed to identify and classify materials safely and prepare them for transport.

(3) You must permit bulking of hazardous wastes only after a thorough characterization of the wastes has been completed.

Note:	Handle, transport, label, and dispose of drums and containers according to this chapter and other United States Department of Transportation (DOT), ((WISHA))DOSH, EPA, and Washington department of ecology regulations for:
	((•))1. Drums.
	((•))2. Containers.
	((•))3. Hazardous substances.
	((•))4. Contaminated soils.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-190Personal protective equipment (PPE).

Your responsibility:

To use PPE to protect employees when feasible controls do not remove the hazardous exposure.

((You must:

Provide and use appropriate PPE

WAC 296-843-19005.))

You must meet the requirements ...	in this section:
Provide and use appropriate PPE	WAC 296-843-19005

Reference:

For additional information about developing a PPE plan, see the PPE user guide found at ((http://www.lni.wa.gov/wisha/publications/PPEGuide/PPEload.htm))http://www.lni.wa.gov/wisha/publications/PPEGuide/PPEload.

Note:

The manufacturer's information on PPE may be used to meet your PPE plan requirements. For example, the manufacturer's procedures for putting on and taking off PPE may be attached to the site-specific health and safety plan (HASP).

AMENDATORY SECTION(Amending WSR 09-05-071, filed 2/17/09, effective 4/1/09)

WAC 296-843-19005Provide and use appropriate PPE.

Reference:

See WAC 296-843-110((,)) Evaluations and inspections, found in this chapter, for more information about how to identify hazards and complete your preliminary site evaluation.

((You must:))

(1) You must make sure the PPE you provide and use for initial entry protects employees from known or suspected safety and health hazards identified during the preliminary site evaluation as follows:

If	Then
The need for atmosphere supplying respirators and chemical protective clothing has NOT been eliminated	Provide atmosphere supplying respirators and protective clothing
Employees use respiratory protection other than a positive-pressure SCBA for initial entry	Include an escape self-contained breathing apparatus (SCBA) with enough air to reach a safe location and always at least five minutes of air

((•)) Use Table 2, Selecting PPE in Various Exposure Situations, to determine the level of PPE to provide during initial entry((:

You must:)).

(2) You must make sure the PPE you select provides employee protection based on:

((•))(a) Actual and potential hazards identified during the site characterization and analysis (see WAC 296-843-110((,)) Evaluations and inspections).

((•))(b) Hazards likely to be encountered.

((•))(c) Required tasks and their duration.

((•))(d) Site requirements and limitations.

((•))(e) Use Table 2 to identify the type of PPE that is required for various exposure situations.

Table 2

Selecting PPE in Various Exposure Situations

If		Then
Changing site conditions indicate a change in employee exposure		Review and adjust the level of protection as appropriate
		Note:
		You may decrease the level of protection when information indicates this will not increase employee exposure to safety or health hazards
There is a substantial possibility that skin absorption or contact with a hazardous substance may:		Use totally encapsulating chemical protective (TECP) suits and make sure they will protect employees from the hazards
•	Impair an employee's ability to escape	•	Use, decontaminate, inspect, and remove TECP suits from service according to the manufacturer's recommendations
•	Cause immediate serious illness or injury	•	Perform any TECP integrity tests recommended by the manufacturer and make sure all TECP suits are capable of:
•	Is an IDLH or immediate death hazard		–	Maintaining positive air pressure
			–	Preventing inward test gas leakage of more than 0.5%
		Note:
		Follow the manufacturer's recommended procedures for testing a TECP suit's ability to maintain positive air pressure and prevent inward gas leakage. Other established test protocols for these suits, for example, NFPA 1991 and ASTM F1052-97, may also be used
There is a substantial possibility that employee exposure to hazardous substances will either:		Use a positive-pressure SCBA or an airline respirator with an escape SCBA
•	Immediately cause death, serious illness, or serious injury	•	Protect air supply from contamination and the entire respirator system from physical damage
OR
•	Impair an employee's ability to escape

Note:

If there is not a permissible exposure limit (PEL) or other published exposure level for a hazardous substance, you may use published studies and information as a guide for selecting appropriate PPE.

(3) PPE required by this standard ((is to))must be provided at no cost to the employees.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-200Training, briefings, and information.

Your responsibility:

To make sure employees and subcontractors have the training and information needed to work safely.

((You must:

Inform workers and employers about the hazardous waste site

WAC 296-843-20005.

Train workers, supervisors and managers before work begins on the site

WAC 296-843-20010.

Provide additional training to your managers and supervisors

WAC 296-843-20015.

Training for postemergency response

WAC 296-843-20020.

Make sure your employees receive written documentation of training

WAC 296-843-20025.

Provide refresher training to employees

WAC 296-843-20030.

Use qualified trainers

WAC 296-843-20035.))

You must meet the requirements ...	in this section:
Inform workers, contractors and subcontractors about the hazardous waste site	WAC 296-843-20005
Train workers, supervisors and managers before work begins on the site	WAC 296-843-20010
Provide additional training to your managers and supervisors	WAC 296-843-20015
Training for postemergency response	WAC 296-843-20020
Make sure your employees receive written documentation of training	WAC 296-843-20025
Provide refresher training to employees	WAC 296-843-20030
Use qualified trainers	WAC 296-843-20035

IMPORTANT:

If law enforcement personnel participate in clean-up activities, they must receive appropriate hazardous waste clean-up training as described in this chapter.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-20005Inform workers, contractors and subcontractors about the hazardous waste site.

((You must:

•))(1) You must inform employees, contractors, and subcontractors or their representatives, about:

((–))(a) The nature, level, and degree of exposure to hazardous substances they're likely to encounter.

((–))(b) All site-related emergency response procedures.

((–))(c) Any identified potential fire, explosion, health, safety, or other hazards.

((•))(2) You must conduct briefings for employees, contractors, and subcontractors, or their representatives as follows:

((–))(a) A preentry briefing before any site activity is started.

((–))(b) Additional briefings, as needed, to make sure that the site-specific HASP is followed.

((–))(c) Make sure all employees working on the site are:

((■))(i) Informed of any risks identified.

((■))(ii) Trained on how to protect themselves and other workers against the site hazards and risks.

((•))(3) You must update all information to reflect current site activities and hazards.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-20010Train workers, supervisors and managers before work begins on the site.

IMPORTANT:

((•))1. The eighty-hour training requirement does NOT apply to law enforcement personnel entering illicit drug labs, securing the premises, and obtaining evidence. Attendance at a forty-hour training course, such as presented by the criminal justice training commission, is acceptable.

((•))2. These training requirements do not apply to workers engaged in limited postemergency response activities provided they meet the conditions described in WAC 296-843-20020.

((You must:

•))(1) You must make sure workers have received twenty-four-, forty- or eighty-hour training as required by Table 3 before participating in hazardous waste operations.

((•))(2) You must make sure workers also receive site-specific training that thoroughly covers at least the following:

((–))(a) The personnel responsible for employee safety and health.

((–))(b) Safety, health, and other hazards known or suspected at the site.

((–))(c) Use of personal protective equipment.

((–))(d) Work practices to minimize worker's risk from the hazards.

((–))(e) Use of engineering and other controls and equipment on the site.

((–))(f) Medical surveillance provided.

((–))(g) Recognition of signs and symptoms that might indicate overexposure to site hazards.

((–))(h) The contents of the site-specific health and safety plan (HASP) required by this chapter.

Note:

The site-specific training can be provided as part of the twenty-four-, forty- or eighty-hour training or as part of the employee briefings provided all training and information requirements of WAC 296-843-200 are met.

Table 3

Training Requirements

If		Then	Notes
Work and exposures require use of atmosphere supplying respirators		Provide eighty hours of training and three days of supervised on-site field experience	Eighty-hour training may be fulfilled as follows:
			•	One eighty-hour training session with emphasis on hazards requiring the use of atmosphere-supplying respirators and of chemical protective clothing
			OR
			•	One forty-hour training class as described below and an additional forty hours of training that emphasizes hazards requiring the use of atmosphere-supplying respirators and of chemical protective clothing
			Refresher training, previous courses, supervised field experience, and previous work experience may count towards the additional forty hours, if it improves the worker's competency to use respirators and chemical protective clothing ensembles and procedures
Work and exposures may exceed the PEL or require protective clothing but do not require atmosphere supplying respirators		Provide forty hours of training and three days of supervised on-site field experience	Workers with twenty-four hours of training may become forty hour trained with sixteen hours of ((offsite))off-site training and two additional days of supervised on-site field experience
Workers are occasionally on-site to perform specific limited tasks and unlikely to be exposed above PELs or other published exposure limits		Provide twenty-four hours of training and one day of supervised on-site field experience
Workers are regularly on-site but work in areas fully characterized and monitored, with exposure under the PELs or other published exposure limits:		Provide twenty-four hours of training and one day of supervised on-site field experience
•	No need for respirators
•	No health hazards
•	No possibility of an emergency
Workers are at TSD facilities under normal operations (this does not include corrective actions cleanup at these facilities)		Provide twenty-four hours of training and one day of supervised on-site field experience
Employees perform emergency response activities		Train workers to a level of competence in site emergencies, consistent with their assigned duties, to protect themselves and other employees
Workers qualify for limited postemergency response clean-up training		Provide at least eight hours of training	See WAC 296-843-20020, Training for postemergency response, for detailed training information
Workers have been previously trained (includes equivalent training)		Provide site-specific training, briefings and information required by this chapter and supervised field experience on the site of one day for twenty-four-hour and three days for forty- or eighty-hour trained workers	Document equivalent training and work experience as required by WAC 296-843-20025

Note:

When calculating "training hours," ((WISHA))DOSH assumes a "normal" workday of eight hours with sufficient time for lunch and other breaks.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-20015Provide additional training to your managers and supervisors.

((You must:

•))(1) You must make sure the following receive appropriate training:

((–))(a) On-site managers.

((–))(b) Supervisors responsible for hazardous waste operations.

((–))(c) Supervisors who directly supervise employees in hazardous waste operations.

((•))(2) You must make sure such supervisors and on-site managers receive the same training as that required by the workers they supervise (see WAC 296-843-20010).

((•))(3) You must make sure such supervisors and managers receive a minimum of eight additional hours of specialized training including the following information:

((–))(a) Written site-specific health and safety plan (HASP):

((■))(i) Training plan.

((■))(ii) Personal protective equipment (PPE) plan.

((■))(iii) Spill containment plan.

((■))(iv) Emergency management procedures to use when a release of hazardous substances occurs.

((■))(v) Federal, state, and local agencies to be contacted if there is a release of hazardous substances.

((■))(vi) Sampling and monitoring plan (including procedures and techniques for monitoring health hazards).

((–))(b) Managing hazardous wastes and their disposal.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-843-20020Training for postemergency response.

((You must:

•))(1) You must provide workers who participate only in limited postemergency response clean-up operations with a minimum of eight hours of training, when these conditions are met:

((–))(a) Cleanup is at a site that is a hazardous waste operation only because of an emergency response.

((–))(b) Clean-up work is directly supervised by someone who has completed at least forty hours of training in hazardous waste operations as required in this chapter.

((–))(c) Written documentation is maintained at the work site supporting less than twenty-four hours of training.

((–))(d) The work:

((■))(i) Is performed in an area that has been monitored and fully characterized by a qualified person as an area where employee exposure cannot exceed PELs or other published exposure levels.

((■))(ii) Does not require using respiratory protection.

((■))(iii) Does not require entry into permit-required confined spaces.

((■))(iv) Involves minimal health risks from skin exposure and absorption that are effectively controlled by PPE.

((–))(e) Workers have received training in your emergency response plan and hazard communication program.

Reference:

For additional information, see WAC 296-843-160((,)) Emergency response, and WAC 296-901-140((,)) Hazard communication.

((You must:

•))(2) You must make sure workers complete any other safety and health training needed to perform assigned clean-up tasks in a safe and healthful manner.

((–)) Training may include topics such as the following:

((■))(a) Safety hazards and controls.

((■))(b) The content and availability of the site-specific health and safety plan.

((■))(c) Decontamination procedures.

((■))(d) Operating procedures related to assigned clean-up tasks.

((■))(e) PPE use and limitations.

((■))(f) Hands-on exercises for PPE and decontamination.

((■))(g) Information about heat stress and hypothermia.

((•))(3) You must make sure workers have been trained within the last twelve months.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-20025Make sure your employees receive written documentation of training.

((You must:

•))(1) You must certify and document annually that each manager, supervisor, and worker has either:

((–))(a) Attended and successfully completed the training required by this section; ((OR

–))or

(b) Demonstrated their competency.

((■))(2) You must record and maintain the method used to demonstrate competency.

((•))(3) You must make sure your employees and supervisors who complete required training and field experience receive written training documentation authenticated by the responsible trainer.

((•))(4) You must provide a copy of the certification or documentation to your employee upon request.

Note:

Equivalent training may include academic or work-related training that covers subjects required by this chapter.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-20030Provide refresher training to employees.

((You must:

•))You must make sure all certified employees, supervisors, and managers receive eight hours of refresher training at least every twelve months that covers:

((–))(1) The topics specified in WAC 296-843-200.

((–))(2) Assessments or evaluations of work-related incidents.

((–))(3) Any other relevant topics.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-20035Use qualified trainers.

((You must:))(1) You must use trainers that((:

•))have demonstrated competent instructional skills((.

•)); and

(2) Demonstrate knowledge of the subject matter and have either:

((–))(a) Satisfactorily completed a training program in the subject; ((OR

–))or

(b) Have the academic credentials and instructional experience needed for teaching the subject.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-210Medical surveillance.

Your responsibility:

To provide medical surveillance for employees that work in hazardous waste operations.

((You must:

Provide medical surveillance for your employees

WAC 296-843-21005.))

You must meet the requirements ...	in this section:
Provide medical surveillance for your employees	WAC 296-843-21005

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-21005Provide medical surveillance for your employees.

((You must:

•))(1) You must establish a medical surveillance plan for all employees who meet any of the following:

((–))(a) Are or may be exposed to hazardous substances or health hazards for at least thirty days a year, at or above the permissible exposure limits (PELs) or other published exposure levels.

((–))(b) Wear a respirator for at least thirty days a year.

((–))(c) Are injured, become ill, or develop signs or symptoms of possible overexposure to hazardous substances or health hazards.

((–))(d) Are hazardous materials team (HAZMAT) members.

Reference:

Employees who use respirators less than thirty days a year are required to have a respirator medical evaluation as outlined by chapter 296-842 WAC, Respirators. Completion of a medical examination required by this section will meet the requirement for a respirator medical evaluation.

((You must:

•))(2) You must make sure medical examinations, consultations, and procedures are:

((–))(a) Scheduled according to Table 4, Medical Examination Schedule.

((–))(b) Performed or supervised by a licensed physician.

((–))(c) Available:

((■))(i) At a reasonable time and place.

((■))(ii) Without loss of pay.

((■))(iii) Without cost to employees.

Note:

Examples of costs include: Mileage, gas, bus fare, and time spent outside normal work hours.

Table 4

Medical Examination Schedule

If a worker	Then provide an examination
Is assigned to work that is covered by this chapter	Before work assignment begins
Continues to work in hazardous waste operations	At least once every twelve months, unless the attending physician decides a different interval, up to twenty-four months or less than twelve months, is appropriate
Needs to be examined more frequently based on the examining physician's medical judgment	At an interval less than twelve months
Is reassigned to an area where their work is not covered	As soon as possible, unless he or she was examined within the past six months
OR
Employment is terminated
Has an incident that results in injury or illness	As soon as possible
OR
Develops signs or symptoms of possible overexposure to hazardous substances and health hazards
OR
Has been exposed above the permissible exposure limits or published exposure levels
Requires follow-up examinations or consultations because of medical necessity for an exposure incident or injury	When determined by the examining physician

((You must:

•))(3) You must make sure the medical examination includes the following information for each affected employee:

((–))(a) A medical and work history, with special emphasis on symptoms related to handling hazardous substances and health hazards.

((–))(b) Information about fitness for duty including the ability to wear any personal protective equipment (PPE) under conditions that may be expected at the workplace.

((–))(c) Any additional information that is determined by the examining physician.

Note:

The physician should consult the NIOSH Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities http://www.cdc.gov/niosh/85-115.html.

((You must:

•))(4) You must provide complete information to the examining physician, including:

((–))(a) A copy of WAC 296-843-210.

((–))(b) Medical evaluation information required by chapter 296-842 WAC, Respirators.

((–))(c) A description of the employee's duties that relate to hazardous substance exposure.

((–))(d) The actual or anticipated hazardous substance exposure levels for the employee.

((–))(e) A description of the PPE the employee uses or could use.

((–))(f) Information available from previous medical examinations.

((–))(g) Instruction to the physician that the physician's written opinion NOT include specific findings or diagnoses that are not related to occupational exposures.

Note:

You are NOT required to send duplicate information to the physician for each employee.

((You must:

•))(5) You must obtain the physician's written medical opinion that includes the following information:

((–))(a) Whether medical conditions were found that would increase the employee's risk for impairment during emergency response work or respirator use.

((–))(b) Limitations of the employee's assigned work, if any.

((–))(c) Examination and test results, if the employee requests this information.

((–))(d) A statement that the employee has been confidentially informed of medical examination results (including medical conditions requiring followup required by WAC 296-843-210).

((•))(6) You must provide the employee with a copy of the physician evaluation.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-220Recordkeeping and information access.

Your responsibility:

To keep records and make them accessible to employees.

((You must:

Make your records accessible

WAC 296-843-22005.

Keep medical surveillance records for your employees

WAC 296-843-22010.))

You must meet the requirements ...	in this section:
Make your records accessible	WAC 296-843-22005
Keep medical surveillance records for your employees	WAC 296-843-22010

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-22005Make your records accessible.

((You must:

•))You must allow your written health and safety plan (HASP) and all other written plans required by this chapter to be inspected and copied by:

((–))(1) Employees or their designated representative.

((–))(2) Site contractors or their designated representatives.

((–))(3) Subcontractors or their designated representatives.

((–))(4) Personnel of any federal, state, or local agency with regulatory authority over the site.

AMENDATORY SECTION(Amending WSR 04-02-053, filed 1/5/04, effective 5/1/04)

WAC 296-843-22010Keep medical surveillance records for your employees.

((You must:

•))(1) You must keep medical surveillance records for each affected employee that include:

((–))(a) The employee's name and Social Security number.

((–))(b) Physicians' written opinions including recommended limitations and results of examinations and tests.

((–))(c) Any employee medical complaints regarding hazardous substance exposures.

((–))(d) A copy of all information given to the examining physician (except a copy of this chapter).

((•))(2) You must keep each employee's records for at least the duration of his or her employment plus thirty years.

Reference:

For additional requirements on medical and exposure records, see chapter 296-62 WAC, Part B, Access to records.

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 296-843-300

Definitions.

NEW SECTION

WAC 296-848-099Definitions.

Action level. An airborne concentration of inorganic arsenic of 5 micrograms per cubic meter (µg/m3) of air calculated as an eight-hour time-weighted average.

Authorized personnel. Individuals specifically permitted by the employer to enter the exposure control area to perform duties, or to observe employee exposure evaluations as a designated representative.

Breathing zone. The space around and in front of an employee's nose and mouth, forming a hemisphere with a 6- to 9-inch radius.

CAS (chemical abstract service) number. CAS numbers are internationally recognized and used on safety data sheets (SDSs) and other documents to identify substances. For more information see http://www.cas.org/about.

Day. Any part of a calendar day.

Designated representative. Any one of the following:

(a) Any individual or organization to which an employee gives written authorization.

(b) A recognized or certified collective bargaining agent without regard to written employee authorization.

Emergency. Any event that could or does result in the unexpected significant release of inorganic arsenic. Examples of emergencies include equipment failure, container rupture, or control equipment failure.

Exposure. The contact an employee has with inorganic arsenic, whether or not protection is provided by respirators or other personal protective equipment (PPE). Exposure can occur through various routes of entry such as inhalation, ingestion, skin contact, or skin absorption.

Inorganic arsenic. Elemental arsenic (As), copper aceto-arsenite, and inorganic compounds containing arsenic (measured as As), except arsine. Inorganic compounds do not contain the element carbon.

Licensed health care professional (LHCP). An individual whose legally permitted scope of practice allows him or her to provide some or all of the health care services required for medical evaluations.

Permissible exposure limits (PELs). PELs are employee exposures to toxic substances or harmful physical agents that must not be exceeded. PELs are also specified in WISHA rules found in other chapters. The PEL for inorganic arsenic is an eight-hour time-weighted average (TWA8) of 10 micrograms per cubic meter (µg/m3).

Time-weighted average (TWA8). An exposure limit averaged over an 8-hour period that must not be exceeded during an employee's workday.

AMENDATORY SECTION(Amending WSR 06-02-060, filed 1/3/06, effective 4/1/06)

WAC 296-848-100Scope.

This chapter applies to all occupational exposure to inorganic arsenic.

Definitions:

Inorganic arsenic((means)). Elemental arsenic (As), copper aceto-arsenite, and inorganic compounds containing arsenic (measured as As), except arsine. Inorganic compounds do not contain the element carbon.

Exposure((is)). The contact an employee has with inorganic arsenic, whether or not protection is provided by respirators or other personal protective equipment (PPE). Exposure can occur through various routes of entry such as inhalation, ingestion, skin contact, or skin absorption.

((Helpful tool:

Arsenic contamination in soil; information and guidance for employers.

Use this tool if you have employees who work with soil. It will help you find out if this rule is applicable to your employee's exposure to soil.))

Exemptions:	((•)) This chapter does not apply to any of the following:
	((–))1. Exposures during agricultural operations.
	((–))2. Pesticide applications, including the treatment of wood with preservatives.
	((–))3. Use of wood treated with inorganic arsenic.
	((–))4. Arsine, a gas identified by Chemical Abstract Service (CAS) Registry No. 7784-42-1.
	((–))5. Inorganic arsenic present in a form and handled in such a way that airborne exposures could not occur. For example, inorganic arsenic present in glass is fused in the material. Due to the fused form, airborne exposure can not occur when the glass is scored and subsequently broken.

All requirements in this chapter will not apply to every workplace with an occupational exposure. The following steps will show you which requirements apply to your workplace.

Step 1: Follow requirements in the basic rules sections, WAC 296-848-20010 through 296-848-20090.

• This includes completing an exposure evaluation, as specified in Exposure evaluations, WAC 296-848-20060, to:

– Obtain employee eight-hour exposure monitoring results of airborne inorganic arsenic; ((AND))and

– Determine if employee exposure monitoring results are above, at, or below these values:

■ Eight-hour time-weighted average (TWA8) . . . . . . . 10 micrograms per cubic meter (µg/m3).

■ Eight-hour action level (AL) . . . . . . . . 5 µg/m3.

Step 2: Use employee exposure monitoring results from Step 1 and follow Table 1 to find out which additional sections of this chapter apply to your workplace.

Table 1

Sections That Apply To Your Workplace

If:	Then continue to follow the Basic Rules, and these additional requirements:
• Employee exposure monitoring results are above the TWA8	• Training, exposure monitoring, and medical monitoring, WAC 296-848-30005 through 296-848-30080;
	AND
	• Exposure control areas, WAC 296-848-40005 through 296-848-40045.
• Employee exposure monitoring results are: – At or below the TWA8; AND	• Training, exposure monitoring, and medical monitoring, WAC 296-848-30005 through 296-848-30080.
– At or above AL
• Employee exposure monitoring results are below the AL;	• No additional requirements apply if exposures remain stable.
AND
• Eye or skin irritation from exposure to inorganic arsenic cannot occur
• Employees could experience eye or skin irritation from exposure to inorganic arsenic	• Training in WAC 296-848-30005. • Washing, showering, and changing in WAC 296-848-40030.
	• Personal protective equipment (PPE) in WAC 296-848-40040.

AMENDATORY SECTION(Amending WSR 05-01-173, filed 12/21/04, effective 5/1/05)

WAC 296-848-200Basic rules.

Summary:

Your responsibility:

To measure and minimize employee exposure to inorganic arsenic.

IMPORTANT:

The sections listed in basic rules apply to all employers covered by the scope of this chapter, WAC 296-848-100. To find additional sections that may apply to you, go to the Scope, WAC 296-848-100, and follow Table 1.

((Contents

Preventive practices

WAC 296-848-20010.

Washing facilities

WAC 296-848-20025.

Exposure evaluations

WAC 296-848-20060.

Notification

WAC 296-848-20070.

Exposure records

WAC 296-848-20090.))

You must meet the requirements ...	in this section:
Preventive practices	WAC 296-848-20010
Washing facilities	WAC 296-848-20025
Exposure evaluations	WAC 296-848-20060
Notification	WAC 296-848-20070
Exposure records	WAC 296-848-20090

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-848-20010Preventive practices.

((You must:)) (1) You must effectively communicate the hazards of inorganic arsenic by doing both of the following:

((•))(a) Keep container labels free of statements that contradict or detract from the labels' hazard warning.

Note:

You may use labels required by other laws, rules, or ordinances in addition to, or in combination with, labels required by this section.

((You must:

• Prior to June 1, 2015, in lieu of the labeling requirements in WAC 296-848-3007, employers may apply precautionary labels to all shipping and storage containers of inorganic arsenic, and to all products containing inorganic arsenic, bearing the following legend:

Danger

Contains Inorganic Arsenic

Cancer Hazard

Harmful if Inhaled or Swallowed

Use Only with Adequate Ventilation

Respiratory Protection

•))(b) Labels are not required when the inorganic arsenic in the product is bound in such a manner so as to make unlikely the possibility of airborne exposure to inorganic arsenic. (Possible examples of products not requiring labels are semiconductors, light emitting diodes and glass.)

Note:	((•))1. You should keep containers tightly covered when not in use to help prevent unnecessary exposure and accidental spills.
	((•))2. Contaminated items should be handled and disposed of to prevent further exposure in the workplace. For example, vacuuming or wet wiping contaminated equipment helps prevent the release of dust into the air.

Reference:	((•)) Additional requirements are found in other chapters:
	((–))1. For spills, leaks, or other releases, go to Emergency response, chapter 296-824 WAC.
	((–))2. For labeling go to WAC 296-901-140, Hazardous communication.

((You must:))

(2) You must establish safe and effective housekeeping and maintenance practices by doing all the following:

((•))(a) Develop and keep a written housekeeping and maintenance plan that lists appropriate frequencies for:

((–))(i) Housekeeping operations; ((AND

–))and

(ii) Cleaning and maintaining dust collection equipment.

((•))(b) Keep surfaces free of accumulations of inorganic arsenic, to the degree feasible.

((•))(c) When cleaning floors and other accessible surfaces:

((–))(i) Use vacuuming or other cleaning methods that minimize the release of inorganic arsenic into the air.

((–))(ii) Do not use compressed air.

((–))(iii) Select vacuums that have high efficiency particulate air (HEPA) filters.

((–))(iv) Use and empty vacuums in a way that minimizes the release of inorganic arsenic back into the workplace.

Note:	((•))1. Shoveling or brushing may be used only when vacuuming or other cleaning methods have not been effective.
	((•))2. Using non-HEPA vacuums will increase inorganic arsenic contamination in air and on area surfaces.

((You must:

•))(3) You must maintain ventilation systems, including dust collection equipment, to make sure they are effective. Do all of the following:

((–))(a) Perform periodic inspections for effectiveness.

((–))(b) Periodically clean the equipment.

((–))(c) Keep a note of the most recent inspection for effectiveness, and cleaning or maintenance.

(((3)))(4) Prevent eye or skin contact with:

((•))(a) Arsenic trichloride; ((AND

•))and

(b) Liquid or particulate forms of inorganic arsenic when contact could cause eye or skin irritation.

Note:

Arsenic trichloride is corrosive and can be quickly absorbed through skin.

AMENDATORY SECTION(Amending WSR 05-01-173, filed 12/21/04, effective 5/1/05)

WAC 296-848-20025Washing facilities.

((You must:

•))You must provide washing facilities for employees exposed to inorganic arsenic.

References:

For additional washing facility requirements, go to another chapter, the Safety and health core rules, chapter 296-800 WAC, and find the section titled, Provide convenient and clean washing facilities, WAC 296-800-23025.

AMENDATORY SECTION(Amending WSR 07-06-005, filed 2/22/07, effective 4/1/07)

WAC 296-848-20060Exposure evaluations.

IMPORTANT:

((•))1. This section applies when workplace operations create potential airborne exposure to inorganic arsenic.

((•))2. When you conduct an exposure evaluation in a workplace where an employee uses a respirator, the protection provided by the respirator is not considered.

((•))3. Following this section will fulfill the requirements to identify and evaluate respiratory hazards found in chapter 296-841 WAC, Airborne contaminants.

((You must:))

(1) You must conduct an employee exposure evaluation to accurately determine airborne concentrations of inorganic arsenic by completing Steps 1 through 5 of the Exposure Evaluation Process, each time any of the following apply:

((•))(a) No evaluation has been conducted.

((•))(b) Changes have occurred in any of the following areas that may result in new or increased exposures:

((–))(i) Production.

((–))(ii) Processes.

((–))(iii) Exposure controls such as ventilation systems or work practices.

((–))(iv) Personnel.

((•))(c) You have any reason to suspect new or increased exposure may occur.

(2) You must provide affected employees and their designated representatives an opportunity to observe exposure monitoring during Step 4 of the Exposure Evaluation Process.

((•))(a) Make sure observers do not interfere with exposure measurements.

((•))(b) Make sure observers are entitled to:

((–))(i) An explanation of your exposure measurement and monitoring procedures;

((–))(ii) Observe all tasks of exposure measurement performed at the workplace; ((AND

–))and

(iii) Receive a copy of the exposure measurement results when you obtain them; or are allowed to record the exposure measurement results, if made during observations.

((•))(c) Make sure observers who enter areas with inorganic arsenic exposure:

((–))(i) Are provided with and use the same protective clothing, respirators, and other personal protective equipment (PPE) that employees working in the area are required to use; ((AND

–))and

(ii) Follow safety and health requirements that apply.

Exposure Evaluation Process

IMPORTANT:

Following the Exposure Evaluation Process is not necessary when you have documentation conclusively demonstrating inorganic arsenic exposures for a particular operation and material, cannot exceed the action level (AL) during any conditions reasonably anticipated. Documentation can be based on quantitative information such as soil test results OR qualitative information such as observations of how inorganic arsenic-containing materials are handled.

– Retain this documentation for as long as you rely on it.

Step 1: Identify all employees who have potential airborne exposure to inorganic arsenic in your workplace.

Step 2: Select employees from those identified in Step 1 who will have their eight-hour exposures monitored.

• Make sure the exposures of the employees selected represent eight-hour exposures for all employees identified in Step 1, including each job classification, work area, and shift.

Note:

((•)) A written description of the procedure used for obtaining representative employee exposure monitoring results needs to be kept as part of your exposure records required by this chapter in Exposure records, WAC 296-848-20090. This description can be created while completing Steps 2 through 4 of this exposure evaluation process.

Step 3: Determine how you'll obtain employee exposure monitoring results.

• Select and use a method that meets the following criteria for accuracy:

– ±25%, with a confidence level of 95%, when concentrations are potentially at or above an eight-hour time-weighted average of 10 micrograms per cubic meter (µg/m3); ((OR))or

– ±35%, with a confidence level of 95%, when concentrations are potentially between the eight-hour time-weighted averages of 5 µg/m3 and 10 µg/m3.

Note:	((•)) Here are examples of methods that meet this accuracy requirement:
	((–))1. OSHA Method ID105 found by going to ((http://www.osha.gov/dts/sltc/methods/toc.html))http://www.osha.gov/dts/sltc/methods/.
	((–))2. NIOSH method 7901 found by going to http://www.cdc.gov/niosh/homepage.html and linking to the NIOSH Manual of Analytical Methods.

Step 4: Obtain employee exposure monitoring results by collecting air samples representing employees identified in Step 1.

• Sample at least one shift representative of the eight-hour exposure, for each employee selected in Step 2.

• Make sure samples are collected from each selected employee's breathing zone.

Note:	((•))1. You may use any sampling method that meets the accuracies specified in Step 3. Examples of these methods include:
	((–))a. Real-time monitors that provide immediate exposure monitoring results.
	((–))b. Equipment that collects samples that are sent to a laboratory for analysis.
	((•))2. The following are examples of methods for collecting samples representative of eight-hour exposures.
	((–))a. Collect one or more continuous samples, for example, a single eight-hour sample or four two-hour samples.
	((–))b. Take a minimum of 4 to 7 brief samples, such as fifteen-minute samples, during the work shift and at times selected randomly.
	((•))3. For work shifts longer than eight hours, monitor the continuous eight-hour portion of the shift expected to have the highest average exposure concentration.

Step 5: Have the samples you collected analyzed to obtain monitoring results representing eight-hour exposures.

• Go to the Scope of this chapter, WAC 296-848-100, and compare employee exposure monitoring results to the values found in Step 1 and follow Step 2 to determine if additional sections of this chapter apply.

Note:	((•))1. You may contact your local ((WISHA))DOSH consultant for help:
	((–))a. Interpreting data or other information.
	((–))b. Determining eight-hour employee exposure monitoring results.
	((•))2. To contact a WISHA consultant:
	((–))a. Go to the Safety and health core rules, chapter 296-800 WAC((;)).
	((AND
	– Find the Resources section, and under "Other Resources," find Service Locations for Labor and Industries.))

AMENDATORY SECTION(Amending WSR 05-01-173, filed 12/21/04, effective 5/1/05)

WAC 296-848-20070Notification.

((You must:

•))(1) You must provide written notification of exposure monitoring results, including notification about whether exposures exceed the permissible exposure limit (PEL), to employees represented by your exposure evaluation, within five business days after the monitoring results become known to you.

((–))(a) In addition, when employee exposure monitoring results are above the permissible exposure limit (PEL), provide written notification of all the following within fifteen business days after these exposure monitoring results become known to you.

((■))(i) Corrective actions being taken and a schedule for completion; ((AND

■))and

(ii) Any reason why exposures cannot be lowered to below the PEL.

Note:	((•))1. You can notify affected employees either individually or post the notifications in areas readily accessible to affected employees.
	((•))2. When notifying employees about corrective actions, your notification may refer them to a separate document that is available and provides the required information.

AMENDATORY SECTION(Amending WSR 05-01-173, filed 12/21/04, effective 5/1/05)

WAC 296-848-20090Exposure records.

((You must:

•))(1) You must establish and keep complete and accurate records for all exposure monitoring conducted under this chapter. Make sure the record includes, at least:

((–))(a) The name, Social Security number or other unique identifier, and job classification of the employee sampled and all other employees represented by the sampled employee.

((–))(b) A description of the methods used to obtain exposure monitoring results and evidence of the method's accuracy.

((–))(c) A description of the procedure used to obtain representative employee exposure monitoring results.

((–))(d) The date, number, duration, location, and the result of each sample taken.

((–))(e) Any environmental conditions that could affect exposure concentration measurements.

Note:

It's useful to record any personal protective equipment worn by the employee in addition to the type of respirator worn.

((You must:

•))(2) You must keep exposure monitoring records for at least thirty years.

Reference:	((•))1. To see additional requirements for employee exposure records including access and transfer requirements, go to another chapter, Employee medical and exposure records, chapter 296-802 WAC.
	((•))2. Exposure monitoring records need to be kept longer than thirty years for employees participating in medical monitoring. Go to Medical records, WAC 296-848-30080, found within this chapter.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-848-300Training, exposure monitoring, and medical monitoring.

Summary:

Your responsibility:

To detect any significant changes in employee health and exposure monitoring results.

IMPORTANT:

((•))1. These sections apply when skin or eye irritation could occur or when employee exposure monitoring results are either:

((–))a. At or above the action level (AL) of 5 micrograms per cubic meter (µg/m3) for inorganic arsenic; ((OR

–))or

b. Above the permissible exposure limit (PEL) of 10 µg/m3 for inorganic arsenic.

((Contents

Training

WAC 296-848-30005.

Communication of hazards

WAC 296-848-30007.

Periodic exposure evaluations

WAC 296-848-30010.

Medical evaluations

WAC 296-848-30030.

Medical records

WAC 296-848-30080.))

You must meet the requirements ...	in this section:
Training	WAC 296-848-30005
Communication of hazards	WAC 296-848-30007
Periodic exposure evaluations	WAC 296-848-30010
Medical evaluations	WAC 296-848-30030
Medical records	WAC 296-848-30080

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-848-30005Training.

((You must:

•))(1) You must train employees:

((–))(a) Who are exposed above the action level (AL) of 5 micrograms per cubic meter (µg/m3) of air; ((OR

–))or

(b) Who could experience eye or skin irritation from exposure.

((•))(2) You must provide training:

((–))(a) At the time of initial assignment; ((AND

–))and

(b) At least every twelve months after initial training.

((•))(3) You must make sure training and information includes all of the following:

((–))(a) A review of WAC 296-848-100 through 296-848-40045, and 296-848-500.

((–))(b) The following health information about inorganic arsenic:

((•))(i) Inorganic arsenic is a poison and can affect your body if it's swallowed or inhaled.

((•))(ii) Exposure to airborne concentrations of inorganic arsenic may cause lung cancer and can be a skin irritant.

((•))(iii) Arsenic trichloride can be absorbed readily through your skin and is especially dangerous.

((•))(iv) Wash hands thoroughly before eating or smoking to help minimize your risk for swallowing inorganic arsenic.

((–))(c) The purpose for medical evaluations and a description of how you are fulfilling the medical evaluation requirements of this chapter found in Medical evaluations, WAC 296-848-30030.

((•))(4) You must make a copy of this chapter readily available to all employees required to be trained under this section.

Reference:	((•))1. To see additional training and information requirements in other chapters, go to the:
	((–))a. Respirators rule, chapter 296-842 WAC.
	((–))b. WAC 296-901-140, Hazardous communication.
	((•))2. When following these requirements, include specific information about potential exposures to inorganic arsenic, such as the types of operations, locations, quantities, exposure sources, exposure controls, inorganic arsenic use, and storage.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-848-30007Communication of hazards.

((You must:))

Hazard communication - General.

((•))(1) Chemical manufacturers, importers, distributors and employers ((shall))must comply with all requirements of the Hazard Communication Standard (HCS), WAC 296-901-140 for inorganic arsenic.

((•))(2) In classifying the hazards of inorganic arsenic at least the following hazards are to be addressed: Cancer; liver effects; skin effects; respiratory irritation; nervous system effects; and acute toxicity effects.

((• Employers shall))(3) You must include inorganic arsenic in the hazard communication program established to comply with the HCS, WAC 296-901-140. Employers ((shall))must ensure that each employee has access to labels on containers of inorganic arsenic and to safety data sheets, and is trained in accordance with the requirements of HCS and WAC 296-848-30005.

AMENDATORY SECTION(Amending WSR 05-01-173, filed 12/21/04, effective 5/1/05)

WAC 296-848-30010Periodic exposure evaluations.

Exemption:

• Periodic exposure evaluations aren't required if exposure monitoring results conducted to fulfill requirements in Exposure evaluation, WAC 296-848-20060, are below the action level (AL).

((You must:

•))You must obtain employee exposure monitoring results as specified in Table 2 by repeating Steps 2, 4, and 5 of the Exposure Evaluation Process found within this chapter, in Exposure evaluations, WAC 296-848-20060.

Note:

If you document that one work shift consistently has higher exposure monitoring results than another for a particular operation, then you limit sample collection to the work shift with higher exposures and can use results to represent all employees performing the operation on other shifts.

Table 2

Periodic Exposure Evaluation Frequencies

If 8-hour employee exposure monitoring results:	Then:
Are between the: – Action level (AL) of 5 micrograms per cubic meter (µg/m3); AND – Permissible exposure limit (PEL) of 10 µg/m3	Conduct additional exposure evaluations at least every six months for the employees represented by the monitoring results.
Are above the PEL	Conduct additional exposure evaluations at least every three months for the employees represented by the monitoring results.
For employees previously above the PEL, have decreased: – To a concentration between the PEL and AL; AND – The decrease is demonstrated by two consecutive exposure evaluations made at least seven days apart	You may decrease your evaluation frequency to every six months for the employees represented by the monitoring results.
Have decreased to below the AL; AND The decrease is demonstrated by two consecutive exposure evaluations made at least seven days apart	You may stop periodic employee exposure evaluations for employees represented by the monitoring results.

AMENDATORY SECTION(Amending WSR 07-03-153, filed 1/23/07, effective 6/1/07)

WAC 296-848-30030Medical evaluations.

IMPORTANT:

((•)) Medical evaluations conducted under this section will satisfy the medical evaluation requirement found in another chapter, Respirators, chapter 296-842 WAC.

((You must:

•))(1) You must make medical evaluations available to current employees who have been, are, or will be exposed to inorganic arsenic concentrations above the AL:

((–))(a) At least thirty days in any twelve-month period; ((OR

–))or

(b) A total of ten years or more of combined employment with you or previous employers with at least thirty days of exposure per year.

((•))(2) You must make medical evaluations available at no cost to employees.

((–))(3) You must pay all costs, including travel costs and wages associated with any time spent outside of the employee's normal work hours.

((•))(4) You must make medical evaluations available at reasonable times and places.

((•))(5) You must make medical evaluations available by completing Steps 1 through 6 of the Medical Evaluation Process for each employee covered.

Note:	((•))1. Employees who wear respirators need to be medically evaluated to make sure the respirator will not harm them, before they are assigned work in areas requiring respirators. Employees who decline to receive medical examination and testing to monitor for health effects caused by inorganic arsenic are not excluded from receiving a separate medical evaluation for a respirator use.
	((•))2. If employers discourage participation in medical monitoring for health effects caused by inorganic arsenic, or in any way interfere with an employee's decision to continue with this program, this interference may represent unlawful discrimination under RCW 49.17.160, Discrimination against employee filing, instituting proceeding, or testifying prohibited—Procedure—Remedy.

((Helpful tool:

Declination form for nonemergency related medical evaluations.

You may use this optional form to document employee decisions to decline participation in the medical evaluation process for exposure to inorganic arsenic. To see this form, go to the Resources section within this chapter.))

Medical Evaluation Process

Step 1: Identify employees who qualify, as stated above, for medical evaluations.

Step 2a: Make medical evaluations available for employees identified in Step 1 at the following times:

• Initially, when employees are assigned to work in an area where exposure monitoring results are, or will likely be, above the action level for at least thirty days in a twelve-month period.

• Periodically as specified in Table 3.

• When employment with exposure ends, if the employee has not had an evaluation within the six-month period before exposure ends. Include in these evaluations the same content as specified in Table 4 for initial evaluations, excluding a chest X-ray.

Table 3

Frequencies for Periodic Medical Evaluations

For:	Provide periodic medical evaluations every:
Employees less than forty-five years old with less than ten years of exposure above the AL	Twelve months;
Employees forty-five or older;	Six months;
AND	AND
Employees with more than ten years of exposure above the AL	Twelve months to obtain a fourteen by seventeen-inch posterior-anterior chest X-ray for monitoring purposes, unless the LHCP has determined a different frequency for periodic X-rays.

Step 2b: Provide appropriate medical examination and emergency treatment when an employee identified in Step 1 develops signs or symptoms commonly associated with inorganic arsenic exposure.

Step 3: Select a licensed health care professional (LHCP) who will conduct or supervise examinations and procedures.

Step 4: Make sure the LHCP receives all of the following before the medical evaluation is performed:

• A copy of this chapter.

• A description of the duties of the employee being evaluated and how these duties relate to inorganic arsenic exposure.

• The anticipated or representative exposure monitoring results for the employee being evaluated.

• A description of the personal protective equipment (PPE) each employee being evaluated uses or will use.

• Information from previous employment-related examinations when this information is not available to the examining LHCP.

• Instructions that the written opinions the LHCP provides you be limited to the following information:

– Results from examinations and tests.

– The LHCP's opinion about whether or not medical conditions were found that would increase the employee's risk for impairment from exposure to inorganic arsenic.

– Any recommended limitations for:

■ Inorganic arsenic exposure; ((AND))and

■ Use of respirators or other PPE.

– A statement that the employee has been informed of medical results and medical conditions caused by inorganic arsenic exposure requiring further examination or treatment.

Step 5: Make the medical evaluation available to the employee. Make sure it includes the content listed in Table 4, Content of Medical Evaluations.

Step 6: Obtain the LHCP's written opinion for the employee's medical evaluation and give a copy to the employee.

• Make sure the written opinion is limited to the information specified for written opinions in Step 4.

Note:

If the written opinion contains specific findings or diagnoses unrelated to occupational exposure, send it back and obtain a revised version without the additional information.

Table 4

Content of Medical Evaluations

When conducting:	Include:
An initial evaluation	• A work history and medical history including:
	– Smoking history.
	– The presence and degree of respiratory symptoms such as breathlessness, cough, sputum production, and wheezing.
	• A physical examination that includes:
	– A fourteen by seventeen-inch posterior-anterior chest X-ray and the International Labor Office UICC/Cincinnati (ILO U/C) rating.
	– A nasal and skin examination.
	• Additional examinations the licensed health care professional (LHCP) believes appropriate based on the employee's exposure to inorganic arsenic or respirator use.
Periodic evaluations for employees less than forty-five years old with less than ten years of exposure above the action level (AL)	• The same content as specified for initial evaluations repeated every twelve months.
Periodic evaluations for employees:	• The following content repeated every six months:
• Forty-five or older;	– A work history and medical history including:
OR	■ Smoking history.
• With more than ten years of exposure above the AL	■ The presence and degree of respiratory symptoms such as breathlessness, cough, sputum production, and wheezing.
	– A physical examination that includes a nasal and skin examination.
	– Additional examinations the LHCP believes appropriate based on the employee's exposure to inorganic arsenic or respirator use.
	• A physical examination, repeated every twelve months, that obtains a fourteen by seventeen-inch posterior-anterior chest X-ray and the International Labor Office UICC/Cincinnati (ILO U/C) rating.

AMENDATORY SECTION(Amending WSR 05-01-173, filed 12/21/04, effective 5/1/05)

WAC 296-848-30080Medical records.

IMPORTANT:

((•)) This section applies when a medical evaluation is performed, or any time a medical record is created for an employee exposed to inorganic arsenic.

((You must:

•))(1) You must establish and maintain complete and accurate medical records for each employee receiving a medical evaluation and make sure the records include all the following:

((–))(a) The employee's name and Social Security number, or other unique identifier.

((–))(b) A description of the employee's duties.

((–))(c) A copy of the licensed health care professional's (LHCP's) written opinions.

((–))(d) The anticipated or representative employee exposure monitoring results provided to the LHCP for the employee.

((•))(2) You must maintain medical evaluation records for the duration of employment plus thirty years.

Note:

((•)) Your medical provider may keep these records for you. Other medical records, such as the employee's medical history or X-ray, need to be kept as a confidential record by the medical provider and accessed only with the employee's consent.

Reference:

((•)) To see additional requirements for employee medical record, including access and transfer requirements, go to Employee medical and exposure records, chapter 296-802 WAC.

AMENDATORY SECTION(Amending WSR 05-01-173, filed 12/21/04, effective 5/1/05)

WAC 296-848-400Exposure control areas.

Summary:

Your responsibility:

To protect employees from exposure to inorganic arsenic by using feasible exposure controls and appropriate respirators.

IMPORTANT:

These sections apply when employee exposure monitoring results are above the permissible exposure limit (PEL) of 10 micrograms per cubic meter (µg/m3) of air.

((Contents

Exposure control plan

WAC 296-848-40005.

Exposure controls

WAC 296-848-40020.

Exposure control areas

WAC 296-848-40025.

Clean-up facilities and lunchrooms

WAC 296-848-40030.

Personal protective equipment

WAC 296-848-40040.

Respirators

WAC 296-848-40045.))

You must meet the requirements ...	in this section:
Exposure control plan	WAC 296-848-40005
Exposure controls	WAC 296-848-40020
Exposure control areas	WAC 296-848-40025
Clean-up facilities and lunchrooms	WAC 296-848-40030
Personal protective equipment (PPE)	WAC 296-848-40040
Respirators	WAC 296-848-40045

AMENDATORY SECTION(Amending WSR 05-01-173, filed 12/21/04, effective 5/1/05)

WAC 296-848-40005Exposure control plan.

IMPORTANT:

Use of employee rotation to control exposures is not advisable since inorganic arsenic is a known carcinogen.

((You must:

•))(1) You must establish and implement a complete written exposure control plan that includes at least the following, for exposure control areas:

((–))(a) A description of each operation releasing inorganic arsenic, for example:

((■))(i) Crew size.

((■))(ii) Current exposure controls.

((■))(iii) Materials processed.

((■))(iv) Machinery used.

((■))(v) Operating procedures.

((■))(vi) Maintenance practices.

((–))(b) Exposure evaluation data.

((–))(c) A report of the technology considered for exposure controls.

((–))(d) Engineering plans and studies used as a basis for selecting exposure controls.

((–))(e) A detailed schedule for implementing:

((■))(i) Feasible exposure controls, if immediate implementation is not possible.

((■))(ii) Changes to enhance current exposure controls, when necessary.

((–))(f) An analysis of the effectiveness of the exposure controls considered, when controls will not reduce exposures to or below the permissible exposure limit (PEL).

((–))(g) Other relevant information.

((•))(2) You must review and update your exposure control plan at least every six months to keep it current.

((•))(3) You must implement exposure controls on the quickest schedule feasible if controls will not reduce exposure to or below the PEL.

((•))(4) You must provide a copy of your exposure control plan to affected employees and their designated representatives, when they ask to review or copy it.

AMENDATORY SECTION(Amending WSR 07-06-005, filed 2/22/07, effective 4/1/07)

WAC 296-848-40020Exposure controls.

IMPORTANT:

((•))1. Use of employee rotation to control exposures is not advisable since inorganic arsenic is a known carcinogen.

((•))2. Respirators and other personal protective equipment (PPE) do not substitute for feasible exposure controls.

((You must:

•))You must use feasible exposure controls to reduce exposures to or below the permissible exposure limit (PEL), or as low as achievable.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-848-40025Exposure control areas.

((You must:

•))(1) You must establish temporary or permanent exposure control areas where airborne concentrations of inorganic arsenic are above the permissible exposure limit (PEL) by doing all the following:

((–))(a) Distinguish the boundaries of exposure control areas from the rest of the workplace in any way that minimizes employee access.

((–))(b) Allow only authorized personnel to enter exposure control areas.

((–))(c) Post signs at access points to exposure control areas that include this warning:

DANGER

INORGANIC ARSENIC

MAY CAUSE CANCER

DO NOT EAT, DRINK OR SMOKE

WEAR RESPIRATORY PROTECTION IN THIS AREA

AUTHORIZED PERSONNEL ONLY

((– Prior to June 1, 2016, employers may use the following legend in lieu of that specified above in this section:

DANGER

Inorganic Arsenic

Cancer Hazard

Authorized Personnel Only

No Smoking or Eating

Respirator Required

–))(i) Make sure signs are kept clean and well lit so they are easy to read.

((–))(ii) Keep signs and areas near them free of statements that contradict or detract from their message.

Note:

This requirement does not prevent you from posting signs required by other laws, rules, or ordinances.

((You must:

–))(2) You must make sure employees entering exposure control areas have an appropriate respirator.

((–))(3) You must prevent all of the following activities from occurring in exposure control areas unless they are conducted in required lunchrooms, change rooms, or showers:

((■))(a) Eating food or drinking beverages.

((■))(b) Smoking.

((■))(c) Chewing tobacco or gum.

((■))(d) Applying cosmetics.

Note:	((•))1. You may use permanent or temporary enclosures, caution tape, ropes, painted lines on surfaces, or other materials to visibly distinguish exposure control areas or separate them from the rest of the workplace.
	((•))2. When distinguishing exposure control areas, you should consider factors such as:
	((–))a. The level and duration of airborne exposure.
	((–))b. Whether the area is permanent or temporary.
	((–))c. The number of employees in adjacent areas.

Reference:

To see other requirements for respirators within this chapter, go to Respirators, WAC 296-848-40045.

AMENDATORY SECTION(Amending WSR 05-01-173, filed 12/21/04, effective 5/1/05)

WAC 296-848-40030Clean-up facilities and lunchrooms.

((You must:

•))(1) You must provide the following facilities for employees who could experience eye or skin irritation from exposure to inorganic arsenic or who work in exposure control areas:

((–))(a) Clean change rooms with separate storage for street clothes and personal protective equipment (PPE).

((–))(b) Shower facilities.

((•))(2) You must make sure employees who could experience eye or skin irritation from exposure to inorganic arsenic or who work in exposure control areas:

((–))(a) Shower at the end of the work shift; ((AND

–))and

(b) Wash their hands and face before eating.

((•))(3) You must provide lunchrooms for employees working in exposure control areas that are:

((–))(a) Located so they are readily accessible to the employees.

((–))(b) Temperature controlled.

((–))(c) Under positive pressure compared to surrounding areas.

((–))(d) Provided with a filtered air supply.

Note:

Lunchrooms may be located within exposure control areas, but are considered separate from the exposure control area.

((•))(4) You must do the following when exposures in exposure control areas exceed an eight-hour time-weighted average of 100 micrograms of arsenic per cubic meter of air (µg/m3):

((–))(a) Provide facilities for employees working in exposure control areas where they can remove excess contamination from protective clothing and shoes.

((–))(b) Make sure employees vacuum protective clothing and clean or change shoes before entering showers, change rooms, or lunchrooms.

Reference:	To see additional requirements for hygiene facilities:
	((•))1. Go to the Safety and health core rules, chapter 296-800 WAC.
	((•))2. Find Drinking water, bathrooms, washing facilities, and waste disposal, WAC 296-800-230.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-848-40040Personal protective equipment (PPE).

((You must:

•))(1) You must provide PPE at no cost to employees, make sure employees use, and maintain their PPE as follows:

((–))(a) Provide clean and dry protective clothing to employees who could experience eye or skin irritation from exposure to inorganic arsenic or who work in exposure control areas.

((–))(b) Provide impervious protective clothing to employees exposed to arsenic trichloride.

Note:	((•))1. Arsenic trichloride is corrosive and can be rapidly absorbed through skin.
	((•))2. Examples of protective clothing appropriate for inorganic arsenic exposures include:
	((–))a. Coveralls or similar full-body work clothing.
	((–))b. Gloves, and shoes or coverlets.
	((–))c. Face shields or vented goggles when necessary to prevent eye irritation.

((You must:

–))(c) Make sure employees do not remove inorganic arsenic from PPE by blowing or shaking.

((–))(d) Make sure protective clothing is removed:

((■))(i) In change rooms; ((AND

■))and

(ii) At the end of the work shift.

((–))(e) Make sure contaminated protective clothing that will be cleaned, laundered, or disposed of, is placed in a closed container located in the change room.

((■)) Make sure the container prevents the release of inorganic arsenic.

((–))(f) Launder protective clothing:

((■))(i) At least weekly if employees work in areas where exposure monitoring results of inorganic arsenic are below an eight-hour time-weighted average concentration of 100 micrograms per cubic meter (µg/m3); ((OR

■))or

(ii) Daily if employees work in areas where either exposure monitoring results of inorganic arsenic are above an eight-hour time-weighted average concentration of 100 µg/m3 or when more frequent washing is needed to prevent skin irritation.

((–))(g) Maintain the effectiveness of PPE by repairing or replacing it, as needed:

((■))(i) Dispose of protective clothing if it will not be repaired.

((•))(2) You must inform individuals who clean or launder protective clothing about the possible health effects associated with inorganic arsenic, including carcinogenic effects, by doing the following:

((–))(a) Provide the information in writing; ((AND

–))and

(b) Label containers of contaminated PPE with the following warning:

DANGER:

CONTAMINATED WITH INORGANIC ARSENIC.

MAY CAUSE CANCER.

DO NOT REMOVE DUST BY BLOWING OR SHAKING.

DISPOSE OF INORGANIC ARSENIC CONTAMINATED WASH WATER IN ACCORDANCE WITH APPLICABLE LOCAL, STATE OR FEDERAL REGULATIONS

((– Prior to June 1, 2015, employers may include the following information on containers of protective clothing and equipment in lieu of the labeling requirements listed above in this section:

CAUTION:
	Clothing contaminated with inorganic arsenic
	Do not remove dust by blowing or shaking
	Dispose of inorganic arsenic contaminated wash water as applicable local, state, or federal regulations require))

Reference:

To see additional Personal protective equipment requirements go to the Safety and health core rules, chapter 296-800 WAC, and find the section titled, PPE, WAC 296-800-160.

AMENDATORY SECTION(Amending WSR 09-15-145, filed 7/21/09, effective 9/1/09)

WAC 296-848-40045Respirators.

IMPORTANT:

((•))1. The requirements in this section are in addition to the requirements found in other chapters:

((–))a. Airborne contaminants, chapter 296-841 WAC.

((–))b. Respirators, chapter 296-842 WAC.

((You must:

•))(1) You must provide each employee with an appropriate respirator that complies with the requirements of this section, and require that employees use them in circumstances where exposure is above the permissible exposure limit (PEL), including any of the following circumstances:

((–))(a) Employees are in an exposure control area.

((–))(b) Feasible exposure controls are being put in place.

((–))(c) Where you determine that exposure controls are not feasible.

((–))(d) Feasible exposure controls do not reduce exposures to, or below, the PEL.

((–))(e) Emergencies.

((•))(2) You must provide high-efficiency particulate air (HEPA) filters or N-, R-, or P-100 filters for powered air-purifying respirators (PAPRs) and negative-pressure air-purifying respirators.

((•))(3) You must provide a powered air-purifying respirator (PAPR) to employees required to use respirators when:

((–))(a) The employee chooses to use this type of respirator or a licensed health care professional (LHCP) recommends this type of respirator in their written opinion((. AND

–)); and

(b) It will provide proper protection.

((•))(4) You must follow these additional specifications for inorganic arsenic compounds with significant vapor pressure such as arsenic trichloride and arsenic phosphide:

((–))(a) Select front- or back-mounted gas masks equipped with HEPA filters and acid gas canisters or any full facepiece supplied-air respirator, when concentrations are at or below 500 mg/m3.

((–))(b) Select for powered air-purifying respirators (PAPRs) and negative-pressure air-purifying respirators equipped with HEPA (or equivalent) filters and acid gas cartridges when concentrations are at or below 100.

((•))(5) You must prohibit the use of half-facepiece respirators for protection against arsenic trichloride. This is because arsenic trichloride is corrosive and rapidly absorbed through the skin.

Note:

When selecting air-purifying respirators for protection against inorganic arsenic, you'll need to consider whether other contaminants could be present at levels above permissible exposure limits and determine if a combination filter/gas-sorbent cartridge or canister is appropriate.

AMENDATORY SECTION(Amending WSR 07-03-153, filed 1/23/07, effective 6/1/07)

WAC 296-848-60010Health information about inorganic arsenic.

((•))(1) You must make this section readily available to employees as required in Training, WAC 296-848-30005.

((•))(2) You must provide this section to the licensed health care professional (LHCP) as required in Step 4 of the medical evaluation process found in Medical evaluations, WAC 296-848-30030.

Table 5

General Health Information About Inorganic Arsenic

What is inorganic arsenic?
In this chapter, "inorganic arsenic" means:
–	The element arsenic;
–	Arsenic-containing compounds that don't contain the element carbon;
–	Copper aceto-arsenite.
Arsine is a gaseous inorganic arsenic compound not addressed by requirements in this chapter. It's addressed in a separate chapter, Respiratory hazards, chapter 296-841 WAC.
How does inorganic arsenic get into my body?
Inorganic arsenic enters your body when you:
–	Breath in (inhale) airborne particles such as dusts, fume, sprays, or other aerosols that contain inorganic arsenic. You will also inhale inorganic arsenic particles when you smoke tobacco products that have become contaminated from contact with inorganic arsenic at work. Some compounds, including arsenic trichloride, can be inhaled as a vapor;
–	Swallow (ingest) food, drink, cosmetics such as lip balm, sweat and other substances that become contaminated from contact with inorganic arsenic at work.
Inorganic arsenic particles brought home on your clothes, shoes, or body can be inhaled or ingested by household members.
Some inorganic arsenic compounds enter your body when eye or skin contact occurs. Arsenic trichloride is one example of a compound that is readily absorbed through the eyes and skin.
What happens after inorganic arsenic enters my body?
Once inorganic arsenic enters your body, some of it is changed into a less harmful organic form by the liver. Both the organic and inorganic forms leave your body in urine.
Most of the arsenic will be gone within several days, although some will remain in your body for several months and even longer.
Why is medical monitoring necessary?
Although exposure to inorganic arsenic is associated with various health effects, the most serious health effects are lung and skin cancer. The medical monitoring requirements in this chapter are established to minimize your risk for these diseases.
To learn more about the medical monitoring process, see Medical evaluation, WAC 296-848-30030.
What health effects and symptoms are linked with exposure to inorganic arsenic?
Exposure to inorganic arsenic is associated with various health effects ranging from temporary local effects such as skin irritation to lasting systematic effects due to gradual (chronic) or sudden (acute) poisoning. Such effects should not occur if the requirements in this chapter are followed.
Skin Health Effects:
Arsenic trioxide, arsenic trichloride, and other trivalent compounds can cause skin irritation from direct contact.
–	The following moist mucous membranes are most sensitive to irritation:
	■	Eye and inner eyelid (conjunctiva);
	■	Linings inside the nose, mouth, and respiratory system.
–	Other sites most vulnerable irritation also include:
	■	Eyelids;
	■	Angles (the space between 2 planes) of the ears, nose, and mouth;
	■	Moist and macerated (softened by moisture) areas of skin;
	■	Wrists;
	■	Genitalia, if personal hygiene is poor.
Inorganic arsenic is also capable of causing keratoses (small corns or warts), especially on palms and soles.
Trivalent arsenic compounds are corrosive to skin:
–	Brief contact won't cause irritation, but prolonged contact causes localized engorgement (hyperemia) which later forms vesicular (blister-like) or pustular (pimple-like) eruptions.
–	Exposure can create perforations (holes) in the nasal septum (the tissue dividing the nasal cavity in half).
Arsenic trioxide and arsenic pentoxide exposure have been linked to skin sensitization (acquired sensitivity or allergy) and contact dermatitis (inflammation due to allergic or irritant reaction).
Acute Poisoning Effects:
Acute poisoning is usually linked to ingestion, not inhalation, of inorganic arsenic. Cases of acute poisoning rarely occur in occupational settings and inhalation-related cases are exceedingly rare.
When acute poisoning is due to ingestion, the following gastrointestinal symptoms develop within 1/2 to 4 hours:
–	Tightening (constriction) of the throat followed by difficulty or inability to swallow (dysphagia), pain in the region above the belly button (epigastric pain), vomiting, and watery diarrhea. Blood may appear in vomit and stools;
–	Shock may develop due to severe fluid loss when the amount of inorganic arsenic swallowed is sufficiently high. Death can occur in 24 hours.
When acute poisoning is due to inhalation:
–	The following symptoms develop first:
	■	Cough;
	■	Chest pain;
	■	Shortness of breath (dyspnea);
	■	Giddiness;
	■	Headache;
	■	Extreme general weakness.
–	Gastrointestinal symptoms will follow.
Chronic Poisoning Effects:
Cases of chronic poisoning caused by ingestion are also rare. Symptoms are:
–	Weight loss;
–	Nausea and diarrhea alternating with constipation;
–	Skin pigmentation and eruptions;
–	Hair loss;
–	Numbness in hands and feet, "pins and needles" sensation, muscle weakness, and other symptoms resulting from peripheral neuritis;
–	Horizontal white lines (striations) on fingernails and toenails.
Inhalation of inorganic arsenic is the most common cause of chronic poisoning in occupational settings. Symptoms associated with this condition are divided into 3 phases.
–	1st phase, earliest symptoms:
	■	Weakness;
	■	Loss of appetite;
	■	Some nausea;
	■	Occasional vomiting;
	■	Sense of heaviness in the stomach;
	■	Some diarrhea.
–	2nd phase symptoms:
	■	Inflammation of the eyes and inner eyelid (conjunctivitis);
	■	Inflammation, accompanied by an abundant discharge from mucous membranes (a catarrhal state) of the nose, larynx, and respiratory passage;
	■	Symptoms associated with the common cold (Coryza), hoarseness, and mild tracheobronchitis may occur;
	■	Skin lesions are common (eczematoid and allergic in type). Perforations (holes) in the nasal septum (the tissue dividing the nasal cavity in half) are the most typical lesions of the upper respiratory tract.
–	3rd phase symptoms (related to peripheral neuritis):
	■	Numbness in hands and feet, "pins and needles" sensation, muscle weakness.
	■	In severe cases, motor paralyses occur: Initially affecting the toe extensors and the peronei (outer portion of the lower leg).
	■	"Wrist drop" or "foot drop" (resulting from paralysis of flexor muscles of feet and hands) only occurs in the most severe cases.

AMENDATORY SECTION(Amending WSR 07-03-153, filed 1/23/07, effective 6/1/07)

WAC 296-848-60020Medical guidelines.

((•))(1) You must make this section readily available to employees as required in Training, WAC 296-848-30005.

((•))(2) You must provide this section to the licensed health care professional (LHCP) as required in Step 4 of the medical evaluation process found in Medical evaluations, WAC 296-848-30030.

Table 6

Medical Guidelines

For Evaluating Employees With Exposure

Part 1: DOSH's Requirements
In addition to requiring employers to train employees and protect them from inorganic arsenic exposure, this chapter (the Arsenic rule) requires employers to monitor their employees' health with assistance from licensed health care professionals (LHCPs).
•	For employees who will use respirators, the LHCP will also need to provide the employer with a written medical opinion clearing the employee for workplace respirator use.
These guidelines were designed to support an informed partnership between the LHCP and the employer when monitoring the health of employees exposed to inorganic arsenic.
The employer initiates this partnership by providing the LHCP with a copy of the chapter and other supporting information about the employee and job conditions. The LHCP can then become familiar with the medical monitoring requirements found in WAC 296-848-30030 and 296-848-30080, which address:
•	Frequency and content for routine (initial and periodic) medical examinations and consultations;
•	Emergency and other unplanned medical follow-up;
•	Medical opinions;
•	Medical records retention and content.
Part 2: Inorganic Arsenic Toxicology
Health information about inorganic arsenic, WAC 296-848-50020 provides basic information about the health effects and symptoms associated with inorganic arsenic exposure.
In addition, consider the following information:
Acute Poisoning
Exfoliative dermatitis and peripheral neuritis may develop in patients who survive health effects due to acute poisoning (by ingestion).
Acute toxic symptoms of trivalent arsenical poisoning are caused by severe inflammation of the mucous membranes and greatly increased permeability of the blood capillaries.
Acute and Chronic Poisoning
In cases of acute and chronic poisoning, toxic effects to the myocardium (the middle layer of the heart) reported on EKG changes are now largely discounted and are attributed to electrolyte disturbances concomitant with arsenicalism.
Arsenic has a depressant effect upon bone marrow, with disturbances of both red blood cell production (erythropoiesis) and myclopoiesis.
Chronic Poisoning
Cases of chronic poisoning caused by ingestion are generally linked to patients taking prescribed medications. However, sputum from inhaled inorganic arsenic can be swallowed in addition to other ingested inorganic arsenic due to hand-to-mouth transfer.
Skin lesions are usually melanotic and keratotic and may occasionally take the form of an intradermal cancer of the squamous cell type, but without infiltrative properties.
Chronic hepatitis and cirrhosis have been described. Liver damage is still debated and as yet the question is unanswered.
Polyneuritis may be the ((prominant))prominent feature, but more frequently there are numbness and parasthenias of "glove and stocking" distribution. Horizontal white lines (striations) on the fingernails and toenails are commonly seen and are considered a diagnostic accompaniment of arsenical polyneuritis.
References:
•	Other sources for toxicology information include:
	–	ToxFAQs™ and the Toxicological Profile for Arsenic. Both of these free documents are available from the Agency for Toxic Substances and Disease Registry (ATSDR) and can be obtained by:
		■	Visiting http://www.atsdr.cdc.gov/toxprofiles
			OR
		■	Calling 1-888-422-8737.
	–	A variety of technical resources on arsenic, available from the National Institutes for Occupational Safety and Health (NIOSH) by visiting http://www.cdc.niosh/topics/chemicals.html
Part 3: Clinical Evaluation of Employees Exposed to Inorganic Arsenic
IMPORTANT:
•	When an employee will use a respirator during work, the LHCP will need to determine whether the employee can safely wear a respirator and what limitations, if any, apply.
Guidance for Physical Examinations
In addition to its immediate diagnostic usefulness, a patient's initial examination will provide a baseline for comparing future test results.
This chapter establishes the minimum content for medical examinations. Additional tests such as lateral and oblique X-rays or pulmonary function test may be useful.
You should also include palpation of superficial lymph nodes and a complete blood count when employees are exposed to any of the following compounds:
	–	Copper aceto-arsenite;
	–	Potassium arsenite;
	–	Sodium arsenite;
	–	Other arsenicals associated with lymphatic cancer.
Arsenic trioxide and other inorganic arsenical dusts don't give rise to radiological evidence or pneumoconiosis.

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 296-848-500

Definitions.

NEW SECTION

WAC 296-849-030Definitions.

Action level. An airborne concentration of benzene of 0.5 parts per million (ppm) calculated as an eight-hour time-weighted average.

Authorized personnel. Individuals specifically permitted by the employer to enter the exposure control area to perform necessary duties, or to observe employee exposure evaluations as a designated representative.

Benzene. Liquid benzene, benzene vapor, and benzene in liquid mixtures and the vapors released by these liquids.

The chemical abstract service (CAS) registry number for benzene is 71-43-2. CAS numbers are internationally recognized and used on safety data sheets (SDSs) and other documents to identify substances. For more information, see http://www.cas.org/about.

Breathing zone. The space around and in front of an employee's nose and mouth, forming a hemisphere with a 6- to 9-inch radius.

Bulk wholesale storage facility. Any bulk terminal or bulk plant where fuel is stored before its delivery to wholesale customers.

Container. Any container, except for pipes or piping systems, that contains benzene. It can be any of the following:

• Barrel;

• Bottle;

• Can;

• Cylinder;

• Drum;

• Reaction vessel;

• Storage tank.

Day. Any part of a calendar day.

Designated representative. Any of the following:

• Any individual or organization to which an employee gives written authorization;

• A recognized or certified collective bargaining agent without regard to written employee authorization; OR

• The legal representative of a deceased or legally incapacitated employee.

Emergency. Any event that could or does result in the unexpected significant release of benzene. Examples of emergencies include equipment failure, container rupture, or control equipment failure.

Exposure. The contact an employee has with benzene, whether or not protection is provided by respirators or other personal protective equipment (PPE). Contact can occur through various routes of entry such as inhalation, ingestion, skin contact, or skin absorption.

Permissible exposure limits (PELs). PELs are employee exposures to toxic substances or harmful physical agents that must not be exceeded. PELs are also specified in various WISHA rules found in other chapters. The PELs for benzene are the:

• Eight-hour time-weighted average (TWA8) of 1 part per million (ppm); AND

• Fifteen-minute short-term exposure limit (STEL) of 5 ppm.

Short-term exposure limit (STEL). An exposure limit averaged over a fifteen-minute period that must not be exceeded during any part of an employee's workday.

Time-weighted average (TWA8). An exposure limit averaged over an eight-hour period that must not be exceeded during an employee's workday.

Vapor control systems. Equipment that controls the vapor displaced when chemicals are loaded and unloaded from truck or storage tanks. It also processes or balances the vapor back into the truck or storage tanks.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-849-100Scope.

This chapter applies to all occupational exposure to benzene.

Definition:

Exposure((is)). The contact an employee has with benzene, whether or not protection is provided by respirators or other personal protective equipment (PPE). Exposure can occur through various routes of entry such as inhalation, ingestion, skin contact, or skin absorption.

Exemptions:	This chapter does not apply to any of the following:
	• Liquids, vapors, mixtures in containers or pipelines, and gas in natural gas processing plants when benzene content is 0.1% or less.
	• Gasoline and other fuels containing benzene once they leave the final bulk wholesale facility and are being:
	– Transported;
	– Sold;
	– Distributed;
	– Stored;
	– Dispensed either:
	■ Outdoors; or
	((OR))
	■ Indoors four hours or less a day.
	– Used as a fuel.
	• Oil and gas drilling, production, and servicing operations.
	• Solid materials that contain only trace amounts of benzene.
	• Coke ovens.

All requirements in this chapter will not apply to every workplace with an occupational exposure. The following will show you which requirements apply to your workplace.

Step 1: If any of your work tasks are listed in Table 1, follow Table 1.

• Go to Step 2a if you have additional work tasks or other exposures that are not covered in Table 1.

Table 1

Requirements That Apply to Specific Tasks

If employees do any of the following:	Then the only requirements in this chapter that apply to those tasks are:
Load and unload benzene at bulk storage facilities that use vapor control systems for all loading and unloading operations.	•	The labeling requirement found in Preventive practices, WAC 296-849-11010.
Perform tasks around sealed transport pipelines carrying gasoline, crude oil, or other liquids containing more than 0.1% benzene.	•	This requirement found in Training, WAC 296-849-11050:
	–	Make sure training and information includes specific information on benzene for each hazard communication training topic. For the list of hazard communication training topics, go to WAC 296-901-14016, Employee information and training.
Work with, or around, sealed containers of liquids containing more than 0.1% benzene.	•	Emergency requirements found in Medical evaluations, WAC 296-849-12030.
	•	Requirements found in Medical records, WAC 296-849-12080.
	•	Respirator requirements found in Respirators, WAC 296-849-13045.

Step 2a: Follow requirements in the basic rules sections, WAC 296-849-11010 through 296-849-11090, for tasks not listed in Table 1.

• This includes completing an exposure evaluation, as specified in Exposure evaluations, WAC 296-849-11030, to:

– Obtain employee fifteen-minute and eight-hour exposure monitoring results of airborne benzene;

AND

– Determine if employee exposure monitoring results are above, at, or below these values:

■ Eight-hour time-weighted average (TWA8) . . . . . . . . 1 parts per million (ppm).

■ Fifteen-minute short-term exposure limit (STEL) . . . . 5 ppm.

■ Eight-hour action level (AL) . . . . . . . . 0.5 ppm.

Step 2b: Use employee exposure monitoring results from Step 2a and follow Table 2 to find out which additional sections of this chapter apply to your workplace.

Table 2

Section Application

If employee exposure monitoring results are:		Then continue to follow the basic rules, and these additional requirements:
•	Above the TWA8 or STEL	•	Exposure and medical monitoring, WAC 296-849-12010 through 296-849-12080; ((AND))and
		•	Exposure control areas, WAC 296-849-13005 through 296-849-13045.
•	At or below the TWA8 or STEL;	•	Exposure and medical monitoring, WAC 296-849-12005 through 296-849-12080.
	AND
•	At or above AL
•	Below the AL and STEL	•	No additional requirements apply.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-849-110Basic rules.

Summary:

Your responsibility:

To measure and minimize employee exposure to benzene.

IMPORTANT:

To determine which requirements to follow for your work tasks, go to Table 1 in the scope of this chapter, WAC 296-849-100.

((Contents:

Communication of hazards

WAC 296-849-11010.

Exposure control areas

WAC 296-849-11020.

Exposure evaluations

WAC 296-849-11030.

Personal protective equipment (PPE)

WAC 296-849-11040.

Training

WAC 296-849-11050.

Exposure monitoring observation

WAC 296-849-11065.

Notification

WAC 296-849-11070.

Exposure records

WAC 296-849-11090.))

You must meet the requirements…	in this section:
Communication of hazards	WAC 296-849-11010
Exposure control areas	WAC 296-849-11020
Exposure evaluations	WAC 296-849-11030
Personal protective equipment (PPE)	WAC 296-849-11040
Training	WAC 296-849-11050
Exposure monitoring observation	WAC 296-849-11065
Notification	WAC 296-849-11070
Exposure records	WAC 296-849-11090

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-849-11010Communication of hazards.

((You must:

•)) Hazard communication—General.

((-))(1) Chemical manufacturers, importers, distributors and employers must comply with all requirements of the Hazard Communication Standard (HCS, WAC 296-901-140 for benzene).

((-))(2) In classifying the hazards of benzene at least the following hazards are to be addressed: Cancer; central nervous system effects; blood effects; aspiration; skin, eye, and respiratory tract irritation; and flammability.

((-))(3) Employers ((shall))must include benzene in the hazard communication program established to comply with the HCS, WAC 296-901-140. Employers ((shall))must ensure that each employee has access to labels on containers of benzene and to safety data sheets, and is trained in accordance with the requirements of HCS and WAC 296-849-11050.

((• Prior to June 1, 2015, employers shall include the following legend or similar language on the labels or other appropriate forms of warning:

DANGER

CONTAINS BENZENE

CANCER HAZARD))

Note:

You should keep containers tightly covered when not in use to prevent unnecessary exposure and accidental spills.

References:	Additional requirements are found in other chapters as follows:
	• For spills, leaks, or other releases of benzene, go to Emergency response, chapter 296-824 WAC.
	• For labeling go to:
	– WAC 296-901-14012, Labels and other forms of warning((.));AND
	– WAC 296-901-14014, Safety data sheets.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-849-11020Exposure control areas.

((You must:

•))You must establish temporary or permanent exposure control areas where airborne concentrations of benzene are above, or can be reasonably expected to be above, the permissible exposure limits (PELs) for benzene by doing all the following:

((–))(1) Post signs in accordance with WAC 296-849-11010.

((–))(2) Distinguish the boundaries of exposure control areas from the rest of the workplace in any way that minimizes employee access.

((–))(3) Allow only authorized personnel to enter exposure control areas.

Note:	• You may use permanent or temporary enclosures, caution tape, ropes, painted lines on surfaces, or other materials to visibly distinguish exposure control areas or separate them from the rest of the workplace.
	• When distinguishing exposure control areas you should consider factors such as:
	– The level and duration of airborne exposure.
	– Whether the area is permanent or temporary.
	– The number of employees in adjacent areas.

Reference:

If exposure control areas are established, go to Respirators, WAC 296-849-13045.

AMENDATORY SECTION(Amending WSR 07-05-062, filed 2/20/07, effective 4/1/07)

WAC 296-849-11030Exposure evaluations.

IMPORTANT:

• When you conduct an exposure evaluation in a workplace where an employee uses a respirator, the protection provided by the respirator is not considered.

• Following this section will fulfill the requirements to identify and evaluate respiratory hazards found in chapter 296-841 WAC, Airborne contaminants.

((You must:

•))You must conduct an employee exposure evaluation to accurately determine airborne concentrations of benzene by completing Steps 1 through 7 of the exposure evaluation process, each time any of the following apply:

((–))(1) No evaluation has been conducted.

((■)) You have up to thirty days to complete an evaluation once benzene is introduced into your workplace.

((–))(2) Changes have occurred in any of the following areas that may result in new or increased exposures:

((■))(a) Production.

((■))(b) Processes.

((■))(c) Exposure controls such as ventilation systems or work practices.

((■))(d) Personnel.

((–))(3) You have any reason to suspect new or increased exposure may occur.

((–))(4) Spills, leaks, or other releases have been cleaned up.

Note:

As part of your exposure evaluation after cleanup, you will make sure exposure monitoring results have returned to prerelease levels.

Exposure evaluation process.

IMPORTANT:

• If you are evaluating employee exposures during cleaning and repair of barges and tankers that contained benzene:

– Collect samples that effectively measure benzene concentrations that employees may be exposed to;

AND

– Skip to Step 7.

((•)) Following the exposure evaluation process is not necessary when you have documentation conclusively demonstrating benzene exposures for a particular operation and material cannot exceed the action level (AL) during any conditions reasonably anticipated.

((–))(a) Documentation can be based on data or qualitative information, such as information about:

((■))(i) The material.

((■))(ii) How the material is handled.

((■))(iii) The work conditions.

((–))(b) Retain this documentation for as long as you rely on it.

Step 1: Identify all employees who have potential airborne exposure to benzene in your workplace.

Step 2: Identify operations where fifteen-minute exposures could exceed benzene's short-term exposure limit (STEL) of 5 parts per million (ppm).

• Include operations where it is reasonable to expect high, fifteen-minute exposures, such as operations where:

– Tanks are opened, filled, unloaded, or gauged.

– Containers or process equipment are opened.

– Benzene is used as a solvent for cleaning.

Note:

You may use monitoring devices such as colorimetric indicator tubes or real-time monitors to screen for activities where employee exposure monitoring results could be high.

Step 3: Select employees from those working in the operations you identified in Step 2 who will have their fifteen-minute exposures measured.

Step 4: Select employees from those identified in Step 1 who will have their eight-hour exposures monitored.

• Make sure the exposures of the employees selected represent eight-hour exposures for all employees identified at Step 1, including each job classification, work area, and shift.

Note:

A written description of the procedure used for obtaining representative employee exposure monitoring results needs to be kept as part of your exposure records required by this chapter in Exposure records, WAC 296-849-11090. This description can be created while completing Steps 3 through 6 of this exposure evaluation process.

Step 5: Determine how you will obtain employee monitoring results.

• Select and use a method that is accurate to ±25%, with a confidence level of 95%.

Note:	• Here are examples of methods that meet this accuracy requirement:
	– OSHA Method 12 for air samples, found by going to http://www.osha.gov/dts/sltc/methods/toc.html.
	– NIOSH Method 1500, found by going to http://www.cdc.gov/niosh/homepage.html and link to the NIOSH Manual of Analytical Methods.

Step 6: Obtain employee exposure monitoring results by collecting air samples representing employees identified at Step 1.

• Collect fifteen-minute samples from employees selected at Step 3.

• Sample at least one shift representative of the eight-hour exposure for each employee selected at Step 4.

• Make sure samples are collected from each selected employee's breathing zone.

• Collecting area samples is permitted after emergency releases.

Note:	• You may use any sampling method that meets the accuracy specified in Step 5. Examples of these methods include:
	– Real-time monitors that provide immediate exposure monitoring results.
	– Equipment that collects samples that are sent to a laboratory for analysis.
	• The following are examples of methods of monitoring representative of eight-hour exposures:
	– Collect one or more continuous samples, for example, a single eight-hour sample or four two-hour samples.
	– Take a minimum of five brief samples, such as fifteen-minute samples, during the work shift and at times selected randomly.
	• For work shifts longer than eight hours, monitor the continuous eight-hour portion of the shift expected to have the highest average exposure concentration.

Step 7: Have the samples you collected analyzed to obtain monitoring results representing eight-hour and fifteen-minute exposures.

• Go to the scope of this chapter, WAC 296-849-100, and compare employee exposure monitoring results to the values found in Step 2a and follow Step 2b to determine if additional sections of this chapter apply.

Note:	• You may contact your local WISHA consultant for help:
	– Interpreting data or other information.
	– Obtaining eight-hour or fifteen-minute employee exposure monitoring results.
	• To contact a WISHA consultant:
	– Go to another chapter, the Safety and health core rules, chapter 296-800 WAC, and find the resources section, and under "other resources," find service location for labor and industries.

AMENDATORY SECTION(Amending WSR 05-01-172, filed 12/21/04, effective 3/1/05)

WAC 296-849-11040Personal protective equipment (PPE).

((You must:

•))You must make sure employees use appropriate PPE as protection from skin or eye contact with liquid benzene.

Note:

Harmful amounts of benzene can enter the body through skin and eye contact.

Reference:

To see additional personal protective equipment requirements, go to the Safety and health core rules, chapter 296-800 WAC.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-849-11050Training.

((You must:

•))(1) You must provide training and information to employees:

((–))(a) At the time of initial assignment to a work area where benzene is present;

AND

((–))(b) At least every twelve months after initial training for employees exposed to airborne concentrations at or above the action level (AL) of 0.5 parts per million (ppm).

((•))(2) You must make sure training and information includes all of the following:

((–))(a) Specific information on benzene for each hazard communication training topic. For the list of hazard communication training topics, go to WAC 296-901-14016, Employee information and training;

AND

((–))(b) An explanation of the contents of this chapter and guidance about where to find a copy of it;

AND

((–))(c) A description of the medical evaluation requirements of this chapter found in:

■ Medical evaluations, WAC 296-849-12030;

AND

■ Medical removal, WAC 296-849-12050.

Reference:	To see additional training and information requirements in other chapters, go to the:
	• Respirators rule, chapter 296-842 WAC, and find the Training section, WAC 296-842-16005.
	• WAC 296-901-14016, Employee information and training.

AMENDATORY SECTION(Amending WSR 05-01-172, filed 12/21/04, effective 3/1/05)

WAC 296-849-11065Exposure monitoring observation.

((You must:))

(1) You must provide affected employees and their designated representatives an opportunity to observe exposure monitoring during Step 6 of the exposure evaluation process found in Exposure evaluations, WAC 296-849-11030.

(2) You must make sure observers who enter areas with benzene exposure:

((•))(a) Are provided with and use the same protective clothing, respirators, and other personal protective equipment (PPE) that employees working in the area are required to use;

AND

((•))(b) Follow safety and health requirements that apply.

AMENDATORY SECTION(Amending WSR 05-01-172, filed 12/21/04, effective 3/1/05)

WAC 296-849-11070Notification.

((You must:

•))(1) You must provide written notification of exposure monitoring results to the employees represented by your exposure evaluation within five business days after the monitoring results become known to you.

((–))(2) In addition, when employee exposure monitoring results are above a permissible exposure limit (PEL), provide written notification of all of the following within fifteen business days after these exposure monitoring results become known to you:

((■))(a) Corrective actions being taken and a schedule for completion;

AND

((■))(b) Any reason why exposures cannot be lowered to below the PELs for benzene.

Note:	• You can notify employees either individually or post the notifications in areas readily accessible to affected employees.
	• Posted notification may need specific information that allows affected employees to determine which monitoring results apply to them.
	• Notification may be in any written form, such as handwritten or email.
	• Notification may be limited to the required information, such as exposure monitoring results.
	• When notifying employees about corrective actions, your notification may refer them to a separate document that's available and provides the required information.

AMENDATORY SECTION(Amending WSR 05-01-172, filed 12/21/04, effective 3/1/05)

WAC 296-849-11090Exposure records.

((You must:

•))(1) You must establish and keep complete and accurate records for all exposure monitoring conducted under this chapter. Make sure the record includes at least:

((–))(a) The name, Social Security number, or other unique identifier, and job classification of the employee sampled and all other employees represented by the sampled employee.

((–))(b) The type of respirator worn, if any.

((–))(c) A description of the methods used to obtain exposure monitoring results.

((–))(d) A description of the procedure used to obtain representative employee exposure monitoring results.

((–))(e) The date, number, duration, and the result of each sample taken.

Note:

It is useful to record any personal protective equipment worn by the employee, in addition to the type of respirator worn.

((You must:

•))(2) You must keep exposure monitoring records for at least thirty years.

Reference:	• To see additional requirements for employee exposure records including access, and transfer requirements, go to another chapter, Employee medical and exposure records, chapter 296-802 WAC.
	• Exposure monitoring records need to be kept longer than thirty years for employees participating in medical monitoring, go to Medical records, WAC 296-849-30080, found within this chapter.

AMENDATORY SECTION(Amending WSR 05-01-172, filed 12/21/04, effective 3/1/05)

WAC 296-849-120Exposure and medical monitoring.

Summary:

Your responsibility:

To detect any significant changes in employee health and exposure monitoring results.

IMPORTANT:

These sections apply when employee exposure monitoring results are either:

• At or above the action level (AL) of 0.5 parts per million (ppm) for benzene;

• Above either of the permissible exposure limits for benzene.

((Contents

Periodic exposure evaluations

WAC 296-849-12010.

Medical evaluations

WAC 296-849-12030.

Medical removal

WAC 296-849-12050.

Medical records

WAC 296-849-12080.))

You must meet the requirements…	in this section:
Periodic exposure evaluations	WAC 296-849-12010
Medical evaluations	WAC 296-849-12030
Medical removal	WAC 296-849-12050
Medical records	WAC 296-849-12080

AMENDATORY SECTION(Amending WSR 05-13-152, filed 6/21/05, effective 8/1/05)

WAC 296-849-12010Periodic exposure evaluations.

Exemption:

Periodic exposure evaluations aren't required if exposure monitoring results conducted to fulfill requirements in Exposure evaluation, WAC 296-849-11030, are below the action level (AL) and short-term exposure limit (STEL).

((You must:

•))You must obtain employee exposure monitoring results as specified in Table 3, by repeating Steps 3, 4, 6, and 7 of the exposure evaluation process found within this chapter, in Exposure evaluations, WAC 296-849-11030.

Note:

If you document that one work shift consistently has higher exposure monitoring results than another for a particular operation, then you can limit sample collection to the work shift with higher exposures and use results to represent all employees performing the operation on other shifts.

Table 3

Periodic Exposure Evaluation Frequencies

If exposure monitoring results		Then
– –	Are between the: AL of 0.5 ppm AND Eight-hour time-weighted average (TWA8) of 1 ppm	Conduct additional exposure evaluations at least every twelve months for the employees represented by the monitoring results.
	Are above the TWA8	Conduct additional exposure evaluations at least every six months for the employees represented by the monitoring results.
	Have decreased to a concentration between the AL and TWA8;	You may decrease your evaluation frequency to every twelve months for employees represented by the monitoring results.
	AND
	The decrease is demonstrated by two consecutive exposure evaluations, made at least seven days apart.
	Are above the short-term exposure limit (STEL) of 5 ppm	Repeat as often as necessary to evaluate employee exposure.
	Have decreased to below the AL and the STEL	You may stop periodic exposure evaluations for employees represented by the monitoring results.
	AND
	The decrease is demonstrated by two consecutive evaluations, made at least seven days apart.

AMENDATORY SECTION(Amending WSR 07-03-153, filed 1/23/07, effective 6/1/07)

WAC 296-849-12030Medical evaluations.

IMPORTANT:

Medical evaluations conducted under this section will satisfy the medical evaluation requirement found in Respirators, chapter 296-842 WAC.

((You must:

•))(1) You must provide the relevant medical follow-up specified in Tables 4 and 5 to any employee exposed to benzene during an emergency.

((•))(2) You must make medical evaluations available to current employees who meet the following criteria:

((–))(a) Potential or actual exposure to benzene at or above the action level (AL) for at least thirty days in any twelve-month period.

((–))(b) Potential or actual exposure to benzene at or above either permissible exposure limit (PEL) for at least ten days in a twelve-month period.

((–))(c) Past exposure to concentrations above 10 ppm benzene for at least thirty days in a twelve-month period before November 11, 1988.

((–))(d) Current or past work as a tire building machine operator using solvents containing more than 0.1% benzene during tire building operations.

((You must:

•))(3) You must make medical evaluations available at no cost to employees((.

– Pay)); paying all costs, including travel costs and wages associated with any time spent outside of the employee's normal work hours;

((•))(4) You must make medical evaluations available at reasonable times and places;

((•))(5) You must make medical evaluations available by completing Steps 1 through 6 of the medical evaluation process for each employee covered.

Note:	• Employees who wear respirators need to be medically evaluated to make sure the respirator will not harm them, before they are assigned work in areas requiring respirators. Employees who decline to receive medical examination and testing to monitor for health effects caused by benzene are not excluded from receiving a separate medical evaluation for a respirator use.
	• If employers discourage participation in medical monitoring for health effects caused by benzene, or in any way interfere with an employee's decision to continue with this program, this interference may represent unlawful discrimination under RCW 49.17.160, Discrimination against employee filing, instituting proceeding, or testifying prohibited—Procedure—Remedy.

Helpful tool:

Declination form for nonemergency related medical evaluations.

• You may use this optional form to document employee decisions to decline participation in the medical evaluation process for exposure to benzene.

Medical evaluation process:

Step 1: Identify employees who qualify, as stated above, for medical evaluations.

Step 2: Make medical evaluations available for employees identified in Step 1 at the following times:

• Initially, before the employee starts a job or task assignment where benzene exposure will occur.

• Every twelve months from the initial medical evaluation.

• Whenever the employee develops signs or symptoms commonly associated with toxic benzene exposure.

• After benzene exposure from an emergency.

Step 3: Select a licensed health care professional (LHCP) who will conduct or supervise medical evaluations and make sure:

• Individuals who conduct pulmonary function tests have completed a training course in spirometry sponsored by an appropriate governmental, academic, or professional institution, if they are not licensed physicians;

AND

• Your LHCP uses an accredited laboratory, such as one accredited by a nationally or state-recognized organization, to conduct laboratory tests.

Step 4: Make sure the LHCP receives all of the following before the medical evaluation is performed:

• A copy of this chapter.

• A description of the duties of the employee being evaluated and how these duties relate to benzene exposure.

• The anticipated or representative exposure monitoring results for the employee being evaluated.

• A description of the personal protective equipment (PPE) each employee being evaluated uses or will use.

• Information from previous employment-related examinations when this information is not available to the examining LHCP.

• Instructions that the written opinions the LHCP provides, be limited to the following information:

– Specific records, findings, or diagnosis relevant to the employee's ability to work around benzene.

– The occupationally relevant results from examinations and tests.

– A statement about whether or not medical conditions were found that would increase the employee's risk for impairment from exposure to benzene.

– Any recommended limitations for benzene exposure.

– Whether or not the employee can use respirators and any recommended limitations for respirator or other PPE use.

– A statement that the employee has been informed of medical results and medical conditions caused by benzene exposure requiring further explanation or treatment.

Step 5: Provide the medical evaluation to the employee. Make sure it includes the content listed in Table 4, Content of medical evaluations, and Table 5, Medical follow-up requirements.

Step 6: Obtain the LHCP's written opinion for each employee's medical evaluation and give a copy to the employee within fifteen days of the evaluation date.

• Make sure the written opinion is limited to the information specified for written opinions in Step 4.

Note:

If the written opinion contains specific findings or diagnoses unrelated to occupational exposure, send it back and obtain a revised version without the additional information.

IMPORTANT:

These tables apply when conducting medical evaluations, including medical follow-up for employees exposed to benzene during emergencies.

Table 4

Content of Medical Evaluations

When conducting	Include
An initial evaluation	•	A detailed history including:
	–	Past work exposure to benzene or other hematological toxins;
	–	Exposure to marrow toxins outside of current employment;
	–	Exposure to ionizing radiation;
	–	Family history of blood dyscrasias including hematological neoplasms;
	–	History of blood dyscrasias including genetic hemoglobin abnormalities, bleeding abnormalities, and abnormal function of formed blood elements;
	–	History of renal or liver dysfunction;
	–	History of medications routinely taken.
	•	A complete physical examination:
	–	Include a pulmonary function test and specific evaluation of the cardiopulmonary system if the employee is required to use a respirator for at least thirty days a year.
	•	A complete blood count including a:
	–	Leukocyte count with differential;
	–	Quantitative thrombocyte count;
	–	Hematocrit;
	–	Hemoglobin;
	–	Erythrocyte count and indices (MCV, MCH, MCHC).
	•	Additional tests the examining LHCP determines are necessary based on alterations in the components of the blood or other signs that may be related to benzene exposure.
	•	Medical follow-up as required in Table 5.
Annual evaluations	•	An updated medical history covering:
	–	Any new exposure to potential marrow toxins;
	–	Changes in medication use;
	–	Any physical signs associated with blood disorders.
	•	A complete blood count including a:
	–	Leukocyte count with differential;
	–	Quantitative thrombocyte count;
	–	Hematocrit;
	–	Hemoglobin;
	–	Erythrocyte count and indices (MCV, MCH, MCHC).
	•	Additional tests that the examining LHCP determines necessary, based on alterations in the components of the blood or other signs that may be related to benzene exposure.
	•	A pulmonary function test and specific evaluation of the cardiopulmonary system every three years if the employee is required to use a respirator for at least thirty days a year.
	•	Medical follow-up as required in Table 5.
Evaluations triggered by employee signs and symptoms commonly associated with the toxic effects of benzene exposure	•	An additional medical examination that addresses elements the examining LHCP considers appropriate.
Evaluations triggered by employee exposure during an emergency	•	A urinary phenol test performed on the exposed employee's urine sample within seventy-two hours of sample collection.
	–	The urine sample must be collected at the end of the work shift associated with the emergency;
	–	The urine specific gravity must be corrected to 1.024.
	•	Medical follow-up as required in Table 5.
	Reference:
	Employees who are not covered by medical evaluation requirements in this chapter may be covered by medical evaluation requirements in other chapters such as Emergency response, chapter 296-824 WAC.

Table 5

Medical Follow-up Requirements

If		Then
•	The complete blood count test result is normal.	•	No further evaluation is required.
•	The complete blood count test shows any of the following abnormal conditions:	•	Repeat the complete blood count within two weeks:
–	A leukocyte count less than 4,000 per mm³ or an abnormal differential count;	–	If the abnormal condition persists, refer the employee to a hematologist or an internist for follow-up medical examination and evaluation, unless the LHCP has good reason to believe it is unnecessary;
	OR	–	The hematologist or internist will determine what follow-up tests are necessary; and
–	A thrombocyte (platelet) count that is either:		((AND))
■	More than 20% below the employee's most recent values;	•	Follow the requirements found in Medical removal, WAC 296-849-12050.
	OR	•
■	Outside the normal limit (95% C.I.) according to the laboratory;
	OR
–	The hematocrit or hemoglobin level is either of the following, and can not be explained by other medical reasons:
■	Below the normal limit (outside the 95% C.I.), as determined by the laboratory for the particular geographical area;
	OR
■	Persistently decreasing compared to the employee's preexposure levels.
Results from the urinary phenol test conducted during an emergency evaluation show phenol levels less than 75 mg/L.		•	No further evaluation is required.
Results from the urinary phenol test conducted during an emergency evaluation show phenol levels equal or more than 75 mg/L.		•	Provide a complete blood count monthly for three months. Include a:
		–	Leukocyte count with differential;
		–	Thrombocyte count;
		–	Erythrocyte count; and
			((AND))
		•	If any of the abnormal conditions previously listed in this table for complete blood count results are found:
		–	Provide the employee with periodic examinations, if directed by the LHCP; and
			((AND))
		–	Refer the employee to a hematologist or an internist for follow-up medical examination and evaluation unless the LHCP has good reason to believe a referral is unnecessary; and
			((AND))
		–	Follow the requirements found in Medical removal, WAC 296-849-12050; and
			((AND))
		–	The hematologist or internist will determine what follow-up tests are necessary.

AMENDATORY SECTION(Amending WSR 05-01-172, filed 12/21/04, effective 3/1/05)

WAC 296-849-12050Medical removal.

IMPORTANT:

This section applies when an employee is referred to a hematologist or an internist for follow-up medical examination and evaluation required in Table 5, Medical follow-up requirements found in Medical evaluations, WAC 296-849-12030.

((You must:))

(1) You must remove the employee from areas where benzene exposure is above the action level (AL) by doing either of the following:

((•))(a) Transfer the employee to a job currently available that:

((–))(i) The employee qualifies for, or could be trained for in a short period of time;

AND

((–))(ii) Will keep the employee's exposure to benzene as low as possible and never above the AL;

((•))(b) Remove the employee from the workplace until either:

((–))(i) A job becomes available that:

■ The employee qualifies for, or could be trained for in a short period of time;

AND

■ Will keep the employee's exposure to benzene as low as possible and never above the AL;

((–))(ii) The employee is returned to work or permanently removed from benzene exposure as determined by completing the medical evaluation process for removed employees.

(2) You must maintain the employee's current pay rate, seniority, and other benefits.

Note:	If you must provide medical removal benefits and the employee will receive compensation for lost pay from other sources, you may reduce your medical removal benefit obligation to offset the amount provided by these sources. Examples of other sources are:
	• Public or employer-funded compensation programs;
	• Employment by another employer, made possible by the employee's removal.

((You must:))

(3) You must complete Steps 1 through 4 of the medical evaluation process for removed employees, within six months of the date the licensed health care professional (LHCP) refers an employee to a hematologist or internist for follow-up.

((•))(a) Make sure all examinations and evaluations are provided at no cost to the employee.

((–))(b) Make examinations and evaluations available at reasonable times and places;

AND

((–))(c) Pay for travel costs and wages, including any time spent outside of the employee's normal work hours.

Medical evaluation process for removed employees:

Step 1: Make sure the following is provided to the hematologist or internist:

• The information you provided to the LHCP in Step 4 of Medical evaluations, WAC 296-849-12030;

• The employee's medical record as described in Medical records, WAC 296-849-12080.

Note:

The examining LHCP may provide this information for you.

Step 2: Provide the employee an examination and evaluation by a hematologist or internist.

• When the examination and evaluation is completed, you and the employee must be informed, in writing, of the referring LHCP's decision to continue or end the employee's removal from benzene exposure.

• Include the following in the LHCP's decision if removal of the employee continues:

– The expected time period for removal to continue;

AND

– Requirements for future medical examinations to review the decision.

• If the LHCP recommends the employee end removal and return to the usual job with benzene exposure, skip Steps 3 and 4.

Step 3: Provide further medical examination and evaluation to the employee when the LHCP's decision from Step 2 informs you that medical removal must continue.

Note:	• During this step the LHCP, in consultation with the hematologist or internist, decides whether the employee:
	– May return to their usual job;
	OR
	– Should be permanently removed from exposures that exceed the AL.
	• If the LHCP recommends the employee return to their usual job, skip Step 4.

Step 4: When the LHCP recommends permanent removal for the employee, make sure all the following conditions are met:

• The employee has an opportunity to transfer to another job that is currently available (or will become available);

• The job is one the employee qualifies for, or could be trained for in a short period of time;

• There is no reduction in the employee's current pay rate, seniority, and other benefits;

• The employee's benzene exposures will be as low as possible, but never more than the AL.

AMENDATORY SECTION(Amending WSR 05-01-172, filed 12/21/04, effective 3/1/05)

WAC 296-849-12080Medical records.

IMPORTANT:

This section applies when a medical evaluation is performed, or any time a medical record is created for an employee exposed to benzene.

((You must:

•))(1) You must establish and maintain complete and accurate medical records for each employee receiving a medical evaluation and make sure the records include all the following:

((–))(a) The employee's name and Social Security number, or other unique identifier;

((–))(b) A copy of the licensed health care professional's (LHCP's) written opinions including written decisions and recommendations for the employee removed from exposure;

((–))(c) A copy of the information required in Step 4 of the medical evaluation process, found in WAC 296-849-12030, except for the copy of this chapter and the appendices listed.

((•))(2) You must maintain medical evaluation records for the duration of employment plus thirty years.

Note:

Your medical provider may keep these records for you. Other medical records such as an employee's medical history, need to be kept as a confidential record by the medical provider and accessed only with the employee's consent.

Reference:

To see additional employee medical record requirements, including access and transfer requirements, go to another chapter, Employee medical and exposure records, chapter 296-802 WAC.

AMENDATORY SECTION(Amending WSR 05-01-172, filed 12/21/04, effective 3/1/05)

WAC 296-849-130Rules for exposure control areas.

Summary:

Your responsibility:

To protect employees from exposure to benzene by using feasible exposure controls and appropriate respirators.

IMPORTANT:

These sections apply when existing or potential employee exposure monitoring results are above either of the following permissible exposure limits (PELs):

• The eight-hour time-weighted average (TWA8) of 1 part per million (ppm);

• The fifteen-minute short-term exposure limit (STEL) of 5 ppm.

((Contents:

Exposure control plan

WAC 296-849-13005.

Exposure controls

WAC 296-849-13020.

Respirators

WAC 296-849-13045.))

You must meet the requirements…	in this section:
Exposure control plan	WAC 296-849-13005
Exposure controls	WAC 296-849-13020
Respirators	WAC 296-849-13045

AMENDATORY SECTION(Amending WSR 07-05-062, filed 2/20/07, effective 4/1/07)

WAC 296-849-13005Exposure control plan.

Exemption:

This section does not apply to the cleaning and repair of barges and tankers that contained benzene.

((You must:

•))(1) You must establish and implement a written exposure control plan for exposure control areas that include a schedule for developing and implementing feasible exposure controls to reduce benzene exposure to, or below, the PELs.

Note:

Respirators and other personal protective equipment (PPE) help protect employees from exposures, but are not substitutes for feasible exposure controls.

((You must:

•))(2) You must review and update your exposure control plan as needed, based on the most recent exposure evaluation results.

((•))(3) You must provide a copy of your exposure control plan to affected employees and their designated representatives when they ask to review or copy it.

AMENDATORY SECTION(Amending WSR 07-05-062, filed 2/20/07, effective 4/1/07)

WAC 296-849-13020Exposure controls.

IMPORTANT:

Respirators and other personal protective equipment (PPE) do not substitute for feasible exposure controls.

((You must:

•))You must use feasible exposure controls to reduce exposures, as specified in Table 6.

Table 6

Exposure Control Requirements

If:	Then you must use feasible controls to:
You have operations where employees clean and repair barges or tankers which have contained benzene	Keep all employee exposure concentrations below 10 parts per million (ppm).
You can document that benzene is used for less than thirty days a year in the workplace	Reduce eight-hour employee exposure monitoring results to a time-weighted average of 10 ppm or less.
	Note:
	If employee exposure monitoring results are between 1 and 10 ppm, you are permitted to use respirators or a combination of respirators and feasible controls to protect employees.
Employees are exposed to benzene above a PEL for at least thirty days a year	Reduce eight-hour employee exposure concentrations to the TWA8 of 1 ppm or less;
	AND
	Reduce fifteen-minute employee exposure concentrations to the STEL of 5 ppm or less.

AMENDATORY SECTION(Amending WSR 09-15-145, filed 7/21/09, effective 9/1/09)

WAC 296-849-13045Respirators.

IMPORTANT:

These requirements are in addition to the requirements found in other chapters:

• Airborne contaminants, chapter 296-841 WAC;

• Respirators, chapter 296-842 WAC.

((You must:

•))(1) You must provide each employee with an appropriate respirator that complies with the requirements of this section, and require that employees use them in circumstances where exposure is above either permissible exposure limit (PEL) for benzene, including any of the following circumstances:

((–))(a) Employees are in an exposure control area;

((–))(b) Feasible exposure controls are being put in place;

((–))(c) Where you determine that exposure controls are not feasible;

((–))(d) Feasible exposure controls do not reduce exposures to, or below, a PEL;

((–))(e) Emergencies.

((•))(2) You must provide employees, for escape, either:

((–))(a) Any full-facepiece organic vapor gas mask;

((–))(b) Any full-facepiece self-contained breathing apparatus (SCBA);

((–))(c) A hood-style SCBA that operates in positive-pressure mode.

((•))(3) You must use organic vapor cartridges or canisters on powered air-purifying respirators (PAPRs) and negative-pressure air-purifying respirators.

((•))(4) You must use only chin-style canisters on full-facepiece gas masks.

Note:

When other contaminants present a hazard, then you will need to use a filter or other combination sorbent cartridge that removes the additional contaminants.

((You must:

•))(5) You must make sure respirator cartridges or canisters are replaced at the beginning of each work shift, or sooner if their service life has expired.

((•))(6) You must make sure canisters on air-purifying respirators have a minimum service life of four hours when tested under these conditions:

((–))(a) A benzene concentration of 150 ppm;

((–))(b) A temperature of 25°C;

((–))(c) A relative humidity of 85%;

((–))(d) A flow rate of one of the following:

((■))(i) 64 liters per minute (lpm) for nonpowered air-purifying respirators;

((■))(ii) 115 lpm for tight-fitting PAPRs;

((■))(iii) 170 lpm for loose-fitting PAPRs.

((•))(7) You must provide an employee a respirator with low breathing resistance, such as a PAPR or an air-line respirator when the:

((–))(a) Employee cannot use a negative-pressure respirator;

((–))(b) A licensed health care professional's (LHCP's) written opinion allows this type of respirator.

AMENDATORY SECTION(Amending WSR 07-03-153, filed 1/23/07, effective 6/1/07)

WAC 296-849-60010Health information about benzene.

((•))(1) You must include an explanation of the contents of this section to employees as required in Training, WAC 296-849-11050.

((•))(2) You must provide a copy of this section to the licensed health care professional (LHCP) as required in Step 4 of the medical evaluation process found in Medical evaluations, WAC 296-849-12030.

Table 7

General Health Information About Benzene

What is benzene?
Benzene is a clear, colorless liquid with a pleasant, sweet odor. It evaporates into air very quickly. The odor of benzene does not provide adequate warning of its hazard.
In this chapter, "benzene " means:
–	Liquid benzene, benzene vapor, and benzene in liquid mixtures and the vapor released by these liquids. The CAS Registry Number that identifies benzene is 71-43-2.
Synonyms for benzene include: Benzol, benzole, coal naphtha, cyclohexatriene, phenyl hydride, pyrobenzol.
Benzin, petroleum benzin, and benzine are chemicals that do not contain benzene.
How am I exposed to benzene?
Benzene exposure occurs when you:
–	Breath in (inhale) vapor or liquid particles (from actions such as spraying or splashing) containing benzene;
–	Have skin or eye contact with liquid or vapor containing benzene. Benzene is absorbed through the skin. Absorption occurs more rapidly with abraded skin or when benzene is present in solvents (as an ingredient or contaminant) which are readily absorbed;
–	Swallow (ingest) benzene.
What happens after I'm exposed to benzene?
Some benzene that enters your body will be absorbed into the bloodstream. Once in the bloodstream, benzene travels throughout your body and can be temporarily stored in the bone marrow and fat.
Benzene is converted to products, called metabolites, in the liver and bone marrow. Some of the harmful effects of benzene exposure are caused by these metabolites.
Most of the metabolites of benzene leave the body in the urine within 48 hours after exposure.
Why is medical monitoring necessary?
Medical monitoring is necessary to detect changes in your body's blood-forming system, including the bone marrow. These changes can occur due to repeated or prolonged, unprotected exposure to benzene, even at relatively low concentrations. Such changes can lead to various blood disorders, ranging from anemia to leukemia, an irreversible, fatal disease. Many of these disorders may occur without symptoms.
Benzene is classified as a confirmed human carcinogen (Group 1) by the International Agency for Research on Cancer (IARC).
To learn more about the medical monitoring process, see Medical evaluation, WAC 296-849-12030.
What health effects are linked to benzene exposure?
Unprotected exposure to benzene is associated with various health effects including symptoms and diseases associated with either short-term (acute) exposure or long-term exposure (chronic).
Acute effects from inhaling high vapor concentrations:
An initial stimulatory effect on the central nervous system (brain and spinal cord) can occur, characterized by exhilaration, nervous excitation (irritability), and/or giddiness. This may be followed by a period of depression, drowsiness, or fatigue.
Headache, dizziness, nausea, or a feeling of intoxication may develop.
A sensation of tightness in the chest may occur, accompanied by breathlessness. Ultimately the victim may lose consciousness.
In severe inhalation cases, tremors, convulsions, and death may follow due to respiratory paralysis or circulatory collapse in a few minutes to several hours.
Acute effects from inhaling liquid benzene:
Aspiration of small amounts of liquid benzene immediately causes pulmonary edema (excessive accumulation of fluid in lung tissues) and hemorrhage of pulmonary tissue.
Skin contact:
Direct contact may cause redness (erythema).
Benzene has a defatting action on skin. Repeated or prolonged contact may result in any of the following:
–	Primary irritation;
–	Dry skin;
–	Scaling dermatitis (inflammation);
–	Development of secondary skin infections.
Effects on the eyes and mucous membranes:
Localized effects from vapor or liquid contact on the eye are slight. High concentrations of benzene are irritating to eyes (causing a stinging sensation) and mucous membranes of the nose and respiratory tract.
Effects due to prolonged exposure:
The blood forming (hematopoietic) system is the main target for benzene's toxic effects. These effects can vary from anemia to leukemia, an irreversible, fatal disease. Many of the toxic effects may occur without symptoms.
Most importantly, prolonged exposure to small quantities of benzene vapor is damaging to the blood forming system. This damage has occurred at concentrations of benzene that may not cause irritation of mucous membranes or unpleasant sensory effects.
Early signs and symptoms are varied and often not readily noticed and nonspecific. These include:
–	Subjective complaints of headache, dizziness, and loss of appetite may precede or follow clinical signs;
–	Rapid pulse and low blood pressure, in addition to a physical appearance of anemia, may accompany a subjective complaint of shortness of breath and excessive tiredness.
Other symptoms may occur as the condition progresses:
–	Bleeding from the nose, gums, or mucous membranes;
	AND
–	Development of purpuric spots (small bruises).

AMENDATORY SECTION(Amending WSR 07-03-153, filed 1/23/07, effective 6/1/07)

WAC 296-849-60020Medical guidelines for benzene.

((•))(1) You must include an explanation of the contents of this section to employees as required in Training, WAC 296-849-11050.

Table 8

Medical Guidelines For Evaluating Employees Exposed to Benzene

Part 1: Becoming familiar with medical requirements in this chapter
In addition to requiring employers to train employees and protect them from exposure to benzene, this chapter (the Benzene rule) requires employers to monitor their employees' health with assistance from licensed health care professionals (LHCPs).
•	For employees who will use respirators, the LHCP will also need to provide the employer with a written medical opinion clearing the employee for workplace respirator use.
These guidelines were designed to support an informed partnership between the LHCP and the employer when monitoring the health of employees exposed to benzene.
The employer initiates this partnership by providing the LHCP with a copy of the chapter and other supporting information about the employee and job conditions. The LHCP can then become familiar with the medical monitoring requirements found in WAC 296-849-12030 through 296-849-12080, which address:
•	Frequency and content for routine (initial and periodic) medical examinations and consultations;
•	Emergency and other unplanned medical follow-up;
•	Medical opinions;
•	Employee medical removal;
•	Medical records retention and content.
Part 2: Benzene toxicology
Benzene is primarily an inhalation hazard. Systematic absorption may cause depression of the hematopoietic system, pancytopenia, aplastic anemia, and leukemia. Clinical evidence of leukopenia, anemia, and thrombocytopenia, singly or in combination, has been frequently reported among the first signs.
Health information about benzene, WAC 296-848-50010, provides basic information about the health effects and symptoms associated with benzene exposure.
Reference:
•	Other sources for toxicology information include:
	–	ToxFAQs™ and the Toxicological Profile for Benzene. This free document is available from the Agency for Toxic Substances and Disease Registry (ATSDR) and can be obtained by:
		■	Visiting http://www.atsdr.cdc.gov/toxprofiles
		OR
		■	Calling 1-888-422-8737
	–	A variety of technical resources on benzene from the National Institutes for Occupational Safety and Health (NIOSH) by visiting http://www.cdc.niosh/topics/chemicals.html
Part 3: Treatment of acute toxic effects
When providing assistance to someone contaminated with benzene, make sure you are adequately protected and do not risk being overcome by benzene vapor.
Remove the patient from exposure immediately.
Give oxygen or artificial resuscitation, if indicated.
Flush eyes, wash skin if contaminated and remove all contaminated clothing.
Recovery from mild exposures is usually rapid and complete. Symptoms of intoxication may persist following severe exposures.
Part 4: Preventive considerations
The principal effects of benzene exposure which form the basis for the requirements in this chapter are pathological changes in the hematopoietic system, reflected by changes in the peripheral blood and manifesting clinically as pancytopenia, aplastic anemia, and leukemia.
Consequently, the medical monitoring program is designed to observe, on a regular basis, blood indices for early signs of these effects, and although early signs of leukemia are not usually available, emerging diagnostic technology and innovative regimes make consistent surveillance for leukemia, as well as other hematopoietic effects, essential.
Symptoms and signs of benzene toxicity can be nonspecific. Only a detailed history and appropriate investigative procedure will enable a physician to rule out or confirm conditions that place the employee at increased risk.
Bone marrow may appear normal, aplastic, or hyperplastic, and may not, in all situations, correlate with peripheral blood forming tissues. Because of variations in the susceptibility to benzene morbidity, there is no "typical" blood picture.
The onset of effects of prolonged benzene exposure may be delayed for many months or years after the actual exposure has ceased and identification or correlation with benzene exposure must be sought out in the occupational history.
There are special provisions for medical tests in the event of hematologic abnormalities or for emergency situations.
	–	This chapter specifies that blood abnormalities that persist must be referred "unless the physician has good reason to believe such referral is unnecessary." Examples of conditions that could make a referral unnecessary despite abnormal blood limits are iron or folate deficiency, menorrhagia, or blood loss due to some unrelated medical abnormality.
	–	Blood values that require referral to a hematologist or internist are noted under Part 5: Hematology guidelines.
Part 5: Hematology guidelines
The following guidelines are established to assist the examining LHCP with regard to which laboratory tests are necessary and when to refer an employee to the specialist. A minimum battery of tests is to be performed using strictly standardized methods.
Basic tests
•	The following must be determined by an accredited laboratory:
	–	Red and white cell counts;
	–	Platelet counts;
	–	White blood cell differential;
	–	Hematocrit;
	–	Red cell indices.
•	The normal ranges for the red cell and white cell counts are influenced by altitude, race, and sex, and therefore should be determined by the accredited laboratory in the specific area where the tests are performed.
•	Either a decline from an absolute normal or an individual's baseline to a subnormal value or a rise to a supra-normal value, are indicative of potential toxicity, particularly if all blood parameters decline.
	–	The normal total white blood count is approximately 7,200/mm3 plus or minus 3,000;
	–	For cigarette smokers the white count may be higher and the upper range may be 2,000 cells higher than normal for the laboratory;
	–	In addition, infection, allergies and some drugs may raise the white cell count;
	–	The normal platelet count is approximately 250,000 with a range of 140,000 to 400,000. Counts outside this range should be regarded as possible evidence of benzene toxicity.
•	Certain abnormalities found through routine screening are of greater significance in the benzene-exposed worker and require prompt consultation with a specialist, namely:
	–	Thrombocytopenia;
	–	A trend of decreasing white cell, red cell, or platelet indices in an individual over time is more worrisome than an isolated abnormal finding at one test time. The importance of trend highlights the need to compare an individual's test results to baseline and/or previous periodic tests;
	–	A constellation or pattern of abnormalities in the different blood indices is of more significance than a single abnormality. A low white count not associated with any abnormalities in other cell indices may be a normal statistical variation, whereas if the low white count is accompanied by decreases in the platelet and/or red cell indices, such a pattern is more likely to be associated with benzene toxicity and merits thorough investigation;
		■	Anemia, leukopenia, macrocytosis or an abnormal differential white blood cell count should alert the physician to further investigate and/or refer the patient if repeat tests confirm the abnormalities. If routine screening detects an abnormality, follow-up tests which may be helpful in establishing the etiology of the abnormality are the peripheral blood smear and the reticulocyte count;
		■	The extreme range of normal for reticulocytes is 0.4 to 2.5 percent of the red cells, the usual range being 0.5 to 1.2 percent of the red cells, but the typical value is in the range of 0.8 to 1.0 percent;
		■	A decline in reticulocytes to levels of less than 0.4 percent is to be regarded as possible evidence (unless another specific cause is found) of benzene toxicity requiring accelerated surveillance. An increase in reticulocyte levels to about 2.5 percent may also be consistent with (but is not as characteristic of) benzene toxicity.
Additional tests
1. Peripheral blood smears:
•	Collecting the sample: As with reticulocyte count, the smear should be with fresh uncoagulated blood obtained from a needle tip following venipuncture or from a drop of earlobe blood (capillary blood). If necessary, the smear may, under certain limited conditions, be made from a blood sample anticoagulated with EDTA (but never with oxalate or heparin).
•	Prepping the smear: When the smear is to be prepared from a specimen of venous blood which has been collected by a commercial Vacutainer type tube containing neutral EDTA, the smear should be made as soon as possible after the venesection. A delay of up to twelve hours is permissible between the drawing of the blood specimen into EDTA and the preparation of the smear if the blood is stored at refrigerator (not freezing) temperature.
•	Minimum mandatory observations:
	–	The differential white blood cell count;
	–	Description of abnormalities in the appearance of red cells;
	–	Description of any abnormalities in the platelets;
	–	A careful search must be made throughout of every blood smear for immature white cells such as band forms (in more than normal proportion, i.e., over 10 percent of the total differential count), any number of metamyelocytes, myelocytes, or myeloblasts. Any nucleate or multinucleated red blood cells should be reported. Large "giant" platelets or fragments of megakaryocytes must be recognized;
		■	An increase in the proportion of band forms among the neutrophilic granulocytes is an abnormality deserving special mention, for it may represent a change which should be considered as an early warning of benzene toxicity in the absence of other causative factors (most commonly infection). Likewise, the appearance of metamyelocytes, in the absence of another probable cause, is to be considered a possible indication of benzene-induced toxicity;
		■	An upward trend in the number of basophils, which normally do not exceed about 2.0 percent of the total white cells, is to be regarded as possible evidence of benzene toxicity. A rise in the eosinophil count is less specific but also may be suspicious of toxicity if it rises above 6.0 percent of the total white count;
		■	The normal range of monocytes is from 2.0 to 8.0 percent of the total white count with an average of about 5.0 percent. About 20 percent of individuals reported to have mild but persisting abnormalities caused by exposure to benzene show a persistent monocytosis. The findings of a monocyte count which persists at more than 10 to 12 percent of the normal white cell count (when the total count is normal) or persistence of an absolute monocyte count in excess of 800/mm3 should be regarded as a possible sign of benzene-induced toxicity;
		■	A less frequent but more serious indication of benzene toxicity is the finding in the peripheral blood of the so-called "pseudo" (or acquired) Pelger-Huet anomaly. In this anomaly many, or sometimes the majority, of the neutrophilic granulocytes possess two round nuclear segments - less often one or three round segments - rather than three normally elongated segments. When this anomaly is not hereditary, it is often but not invariably predictive of subsequent leukemia. However, only about two percent of patients who ultimately develop acute myelogenous leukemia show the acquired Pelger-Huet anomaly. Other tests that can be administered to investigate blood abnormalities are discussed below; however, such procedures should be undertaken by the hematologist.
2. Sucrose water test and Ham test:
•	An uncommon sign, which cannot be detected from the smear, but can be elicited by a "sucrose water test" of peripheral blood, is transient paroxysmal nocturnal hemoglobinuria (PNH), which may first occur insidiously during a period of established aplastic anemia, and may be followed within one to a few years by the appearance of rapidly fatal acute myelogenous leukemia. Clinical detection of PNH, which occurs in only one or two percent of those destined to have acute myelogenous leukemia, may be difficult; if the "sucrose water test" is positive, the somewhat more definitive Ham test, also known as the acid-serum hemolysis test, may provide confirmation.
Important clinical findings
1. Individuals documented to have developed acute myelogenous leukemia years after initial exposure to benzene may have progressed through a preliminary phase of hematologic abnormality. In some instances pancytopenia (i.e., a lowering in the counts of all circulating blood cells of bone marrow origin, but not to the extent implied by the term "aplastic anemia") preceded leukemia for many years.
•	Depression of a single blood cell type or platelets may represent a harbinger of aplasia or leukemia. The finding of two or more cytopenias, or pancytopenia in a benzene-exposed individual, must be regarded as highly suspicious of more advanced although still reversible, toxicity.
•	"Pancytopenia" coupled with the appearance of immature cells (myelocytes, myeloblasts, erythroblasts, etc.), with abnormal cells (pseudo Pelger-Huet anomaly, atypical nuclear heterochromatin, etc.), or unexplained elevations of white blood cells must be regarded as evidence of benzene overexposure unless proved otherwise.
•	Many severely aplastic patients manifested the ominous findings of:
	–	5 to 10 % myeloblasts in the marrow;
	–	Occasional myeloblasts and myelocytes in the blood;
	–	20 to 30 monocytes.
•	It is evident that isolated cytopenias, pancytopenias, and even aplastic anemias induced by benzene may be reversible and complete recovery has been reported on cessation of exposure. However, since any of these abnormalities is serious, the employee must immediately be removed from any possible exposure to benzene vapor.
	–	Certain tests may substantiate the employee's prospects for progression or regression. One such test would be an examination of the bone marrow, but the decision to perform a bone marrow aspiration or needle biopsy is made by the hematologist.
2. The findings of basophilic stippling in circulating red blood cells (usually found in one to five percent of red cells following marrow injury), and detection in the bone marrow of what are termed "ringed sideroblasts" must be taken seriously, as they have been noted in recent years to be premonitory signs of subsequent leukemia.
3. Recently peroxidase-staining of circulating or marrow neutrophil granulocytes, employing benzidine dihydrochloride, have revealed the disappearance of, or diminution in, peroxidase in a sizable proportion of the granulocytes, and this has been reported as an early sign of leukemia. However, relatively few patients have been studied to date. Granulocyte granules are normally strongly peroxidase positive. A steady decline in leukocyte alkaline phosphatase has also been reported as suggestive of early acute leukemia.
	–	Peroxidase and alkaline phosphatase staining are usually undertaken when the index of suspicion for leukemia is high.
4. Exposure to benzene may cause an early rise in serum iron, often but not always associated with a fall in the reticulocyte count. Thus, serial measurements of serum iron levels may provide a means of determining whether or not there is a trend representing sustained suppression of erythropoiesis.
5. Measurement of serum iron, determination of peroxidase and of alkaline phosphatase activity in peripheral granulocytes can be performed in most pathology laboratories.

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 296-849-190

Definitions.

NEW SECTION

WAC 296-855-099Definitions.

Action level. An airborne concentration of ethylene oxide (EtO) of 0.5 parts per million, calculated as an eight-hour time-weighted average.

Authorized personnel. Individuals specifically permitted by the employer to enter the exposure control area to perform necessary duties, or to observe employee exposure evaluations.

Breathing zone. The space around and in front of an employee's nose and mouth, forming a hemisphere with a six- to nine-inch radius.

CAS (Chemical Abstract Service) number. CAS numbers are internationally recognized and used on safety data sheets (SDSs) and other documents to identify substances. For more information see http://www.cas.org/about.

Container. Any container, except for pipes or piping systems that contains ethylene oxide. It can be any of the following:

(a) Barrel.

(b) Bottle.

(d) Cylinder.

(e) Drum.

(f) Reaction vessel.

(g) Storage tank.

Day. Any part of a calendar day.

Director. The director means the director of the department of labor and industries or their designee.

Emergency. Any event that could or does result in the unexpected significant release of ethylene oxide. Examples of emergencies include equipment failure, container rupture, or control equipment failure.

Ethylene oxide (EtO). Is an organic chemical represented by the CAS registry number 75-21-8. EtO is a flammable colorless gas and is commonly used to sterilize medical equipment and as a fumigant for certain agricultural products. It is also used as an intermediary in the production of various chemicals such as ethylene glycol, automotive antifreeze, and polyurethane.

Exposure. The contact an employee has with ethylene oxide, whether or not protection is provided by respirators or other personal protective equipment (PPE). Exposure can occur through various routes of entry such as inhalation, ingestion, skin contact, or skin absorption.

Permissible exposure limits (PELs). PELs are employee exposures to toxic substances or harmful physical agents that must not be exceeded. PELs are specified in applicable WISHA rules. The PELs for ethylene oxide (EtO) are:

(a) Eight-hour time-weighted average (TWA8) of one part per million (ppm); and

(b) Fifteen-minute short-term exposure limit (STEL) of five ppm.

Short-term exposure limit (STEL). An exposure limit averaged over a short time period (usually fifteen minutes) that must not be exceeded during any part of an employee's workday.

Time-weighted average (TWA8). An exposure limit averaged over an eight-hour period that must not be exceeded during an employee's workday.

AMENDATORY SECTION(Amending WSR 05-17-168, filed 8/23/05, effective 1/1/06)

WAC 296-855-100Scope.

This chapter applies to all occupational exposure to ethylene oxide.

Definition:

((•))Ethylene oxide (EtO)((is)). An organic chemical represented by the Chemical Abstract Service (CAS) registry number 75-21-8. It is a flammable colorless gas that is commonly used to sterilize medical equipment and as a fumigant for certain agricultural products. It is also used as an intermediary in the production of various chemicals such as ethylene glycol, automotive antifreeze, and polyethylene.

((•))Exposure((is)). The contact an employee has with EtO, whether or not protection is provided by respirators or other personal protective equipment (PPE). Exposure can occur through various routes of entry such as inhalation, ingestion, or skin and eye contact.

Some of the requirements in this chapter may not apply to every workplace with an occupational exposure to EtO. The following steps will show which requirements apply to your workplace based on employee exposure monitoring results.

Step one:	Follow requirements in the basic rules section, WAC 296-855-20010 through 296-855-20090.
Step two:	Use employee exposure monitoring results from the exposure evaluations required by, Exposure evaluations, WAC 296-855-20050, and follow Table 1 to find out which additional sections of this chapter apply to your workplace.
Step three:	You need only follow Exposure records, WAC 296-855-20070 and Medical records, WAC 296-855-30080 if you have documentation conclusively demonstrating that employee exposure for ethylene oxide and the operation where it's used, cannot exceed the AL or STEL during any conditions reasonably anticipated.
	• Such documentation can be based on observations, data, calculations, and previous air monitoring results.

Table 1

Sections That Apply to Your Workplace

If:	Then continue to follow the basic rules, and the additional requirements in:
Employee exposure monitoring results are below the AL and STEL	No additional requirements if exposures remain stable
Employee exposure monitoring results are above the PELs	• Exposure and medical monitoring, WAC 296-855-30010 through 296-855-30080;
Note: PEL refers to both the STEL and TWA	AND
	• Exposure control, WAC ((296-855-40005 through 296-855-40045))296-855-40010 through 296-855-40040
Employee exposure monitoring results are above the AL;	Exposure and medical monitoring, WAC 296-855-30010 through 296-855-30080
AND
Below the STEL
When there is a possibility of an emergency release of EtO	Establish a written emergency response plan and a means of alerting potentially exposed employees as found in Exposure control plan, WAC ((296-855-40005))296-855-40010

AMENDATORY SECTION(Amending WSR 05-17-168, filed 8/23/05, effective 1/1/06)

WAC 296-855-200Basic rules.

Summary:

Your responsibility:

To evaluate employee exposure and protect employee from ethylene oxide.

IMPORTANT:

• The requirements in basic rules apply to all employers covered by the scope of this chapter, WAC 296-855-100. Additional sections may apply to you, based on employee exposure monitoring results. Turn to the Scope, WAC 296-855-100, and follow Table 1.

You must meet the requirements…	in this section:
Preventive practices	WAC 296-855-20010
Exposure control areas	WAC 296-855-20020
Personal protective equipment (PPE)	WAC 296-855-20040
Exposure evaluations	WAC 296-855-20050
Notification	WAC 296-855-20060
Exposure records	WAC 296-855-20070
Documentation records	WAC 296-855-20080
Training	WAC 296-855-20090

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-855-20010Preventive practices.

((You must:

•))(1) You must make sure that all containers of EtO whose contents are capable of causing employee exposure above the action level or above the STEL are labeled, tagged, or marked with this warning((.

AND

Prior to June 1, 2015, employers may include the following information on containers of EtO in lieu of the labeling requirements in WAC 296-855-420:

Danger

Contains Ethylene Oxide

Cancer Hazard and Reproductive Hazard

AND

A warning)), stating that breathing airborne concentrations of EtO is hazardous.

((•))(2) You must keep container labels free of statements that contradict or detract from the labels' hazard warning.

Note:

• EtO is highly flammable and should be kept in a tightly covered container, and in a cool, well-ventilated area away from any type of ignition source.

((You must:

•))(3) You must make sure warning labels remain on containers of EtO when these containers are transported.

Exemption:	((•))1. Reaction vessels, storage tanks, and pipes or piping systems are not considered to be containers and do not require labeling.
	((•))2. Labeling requirements do not apply when EtO:
	((–))a. Is used as a pesticide as defined by the Federal Insecticide, Fungicide, and Rodenticides Act (7 U.S.C. 136 et seq.); and
	((AND
	–))b. Meets the Environmental Protection Agency labeling requirements for pesticides.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-855-20020Exposure control areas.

((You must:

•))(1) You must establish temporary or permanent exposure control areas where airborne concentrations of ethylene oxide (EtO) exceed or could exceed the permissible exposure limits (PELs) by doing all the following:

((–))(a) Clearly identify the boundaries of exposure control areas in any way that minimizes employee access.

((–))(b) Post signs at access points to exposure control areas that:

((■))(i) Are easy to read (for example, they are kept clean and well lit)((.)); and

((AND

■))(ii) Include this warning:

DANGER

ETHYLENE OXIDE

MAY CAUSE CANCER

MAY DAMAGE FERTILITY OR THE UNBORN CHILD

RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING MAY BE REQUIRED IN THIS AREA

AUTHORIZED PERSONNEL ONLY

((• Prior to June 1, 2016, employers may use the following legend in lieu of that specified in this section:

DANGER

ETHYLENE OXIDE

CANCER HAZARD AND REPRODUCTIVE HAZARD

AUTHORIZED PERSONNEL ONLY

RESPIRATORS AND PROTECTIVE CLOTHING MAY BE REQUIRED TO BE WORN IN THIS AREA

•))(2) You must keep signs and areas near them free of statements that contradict or detract from their message.

Note:

• This requirement does not prevent you from posting other signs.

((You must:

•))(3) You must allow only authorized personnel to enter exposure control areas.

Note:	((•))1. When identifying the boundaries of exposure control areas you should consider factors such as:
	((–))a. The level and duration of airborne exposure.
	((–))b. Whether the area is permanent or temporary.
	((–))c. The number of employees in adjacent areas.
	((•))2. You may use permanent or temporary enclosures, caution tape, ropes, painted lines on surfaces, or other materials to visibly distinguish exposure control areas or separate them from the rest of the workplace.

((You must:

•))(4) You must make sure employees entering exposure control areas have appropriate respirators available for use.

((•))(5) You must prevent all of the following activities from occurring in exposure control areas:

((–))(a) Eating food.

((–))(b) Drinking beverages.

((–))(c) Smoking.

((–))(d) Chewing tobacco or gum.

((–))(e) Applying cosmetics.

((–))(f) Storing food, beverages, or cosmetics.

AMENDATORY SECTION(Amending WSR 05-17-168, filed 8/23/05, effective 1/1/06)

WAC 296-855-20040Personal protective equipment (PPE).

((You must:

•))(1) You must make sure employees wear appropriate PPE as protection from skin or eye contact with ethylene oxide (EtO), liquid EtO, or EtO solutions.

((•))(2) You must provide appropriate PPE at no cost to employees.

AMENDATORY SECTION(Amending WSR 07-06-005, filed 2/22/07, effective 4/1/07)

WAC 296-855-20050Exposure evaluations.

IMPORTANT:

This section applies when there is a potential for airborne exposure to ethylene oxide (EtO) in your workplace.

When you conduct an exposure evaluation in a workplace where an employee uses a respirator, the protection provided by the respirator is not considered.

Following this section will also meet the requirements to identify and evaluate respiratory hazards found in chapter 296-841 WAC, Airborne contaminants.

((You must:

•))(1) You must conduct an employee exposure evaluation to accurately determine airborne concentrations of EtO by completing Steps one through seven of the exposure evaluation process, each time any of the following apply:

((–))(a) No evaluation has been conducted.

((–))(b) Changes have occurred in any of the following areas that may result in new or increased employee exposures:

((■))(i) Production.

((■))(ii) Processes.

((■))(iii) Personnel.

((■))(iv) Exposure controls such as ventilation systems or work practices.

((–))(c) You have any reason to suspect new or increased employee exposure may occur.

((•))(2) You must provide affected employees and their designated representatives an opportunity to observe any exposure monitoring during Step six of the exposure evaluation process.

((•))(3) You must make sure observers entering areas with EtO exposure:

((–))(a) Are provided with and use the same protective clothing, respirators, and other personal protective equipment (PPE) that employees working in the area are required to use; and

((and

–))(b) Follow all safety and health requirements that apply.

Exposure evaluation process

Step one:	Identify all employees who have potential exposure to airborne ethylene oxide (EtO) in your workplace.
Step two:	Identify operations where employee exposures could exceed EtO's fifteen-minute short-term exposure limit (STEL) of five parts per million (ppm).
Step three:	Select employees from those working in the operations you identified in Step two who will have their STEL exposures measured.
Step four:	Select employees from those identified in Step one who will have their eight-hour exposures monitored.
	• Make sure the exposures of the employees selected represent eight-hour exposures for all employees identified in Step one including each job classification, work area, and shift.
	• If you expect all employee exposures to be below the action level (AL), you can choose to limit your selection to those employees reasonably believed to have the highest exposures. If you find these employees' exposure to be above the AL, then you'll need to repeat Step four to represent all employees identified in Step one.

Note:

You can use Steps three through six of this process to create a written description of the procedure used for obtaining representative employee exposure monitoring results, which is a requirement in Exposure records, WAC 296-855-20070.

Exemption:	((•))1. You can skip Steps four through seven if you have documentation conclusively demonstrating that employee exposure for a particular material and the operation where it's used, cannot exceed the AL or STEL during any conditions reasonably anticipated.
	((•))2. Such documentation can be based on observations, data, calculations, and previous air monitoring results. Previous air monitoring results:
	((–))a. Must meet the accuracy required by Step five.
	((–))b. May be from outside sources, such as industry or labor studies.
	((–))c. Must be based on data that represents conditions being evaluated in your workplace.

Step five:	Determine how you will obtain accurate employee exposure monitoring results. Select and use an air monitoring method with a confidence level of ninety-five percent, that's accurate to:
	• ±twenty-five percent when concentrations are potentially above the AL or eight-hour time-weighted average of one part per million (ppm).
	• ±thirty-five percent when concentrations are potentially above the AL of 0.5 ppm or the STEL of five ppm.

Note:	Here are examples of air monitoring methods that meet this accuracy requirement:
	((•))1. OSHA Method thirty found by going to: http://www.osha.gov/dts/sltc/methods/toc.html.
	((•))2. NIOSH Method thirty eight hundred found by going to: http://www.cdc.gov./niosh/homepage.html and linking to the NIOSH Manual of analytical methods.

Step six:	Obtain employee monitoring results by collecting air samples representing employees identified in Steps three and four.
	• Collect STEL samples for employees and operations selected in Step three.
	• Collect samples representing the eight-hour exposure, for at least one shift, for each employee selected in Step four.
	• Make sure samples are collected from each selected employee's breathing zone.

Note:	((•))1. You may use any sampling method that meets the accuracy specified in Step five. Examples of these methods include:
	((–))a. Real-time monitors that provide immediate exposure monitoring results.
	((–))b. Equipment that collects samples that are sent to a laboratory for analysis.
	((•))2. The following are examples of methods for collecting samples representative of eight-hour exposures.
	((–))a. Collect one or more continuous samples, such as a single eight-hour sample or four two-hour samples.
	((–))b. Take a minimum of five brief samples, such as five fifteen-minute samples, during a work shift at randomly selected times.
	((•))3. For work shifts longer than eight hours, monitor the continuous eight-hour portion of the shift expected to have the highest average exposure concentration.

Step seven:	Have the samples you collected analyzed to obtain monitoring results for eight-hour and STEL exposures.
	• Determine if employee exposure monitoring results are above or below the following values:
	– Eight-hour time-weighted average (TWA8) of one ppm.
	– Fifteen-minute short-term exposure limit (STEL) of five ppm.
	– Eight-hour action level (AL) of 0.5 ppm.

Note:	((•)) You may contact your local WISHA consultant for help:
	((–))1. Interpreting data or other information.
	((–))2. Determining eight-hour or fifteen-minute employee exposure monitoring results.

AMENDATORY SECTION(Amending WSR 05-17-168, filed 8/23/05, effective 1/1/06)

WAC 296-855-20060Notification.

((You must:

•))(1) You must provide written notification of exposure monitoring results to employees represented by your exposure evaluation, within five business days after monitoring results become known to you.

((•))(2) In addition, when employee exposure monitoring results are above either the TWA8 or STEL permissible exposure limit (PEL), you must provide written notification of all the following within fifteen business days after the results become known to you:

((–))(a) Corrective actions being taken and a schedule for completion; and

((AND

–))(b) Any reason why exposures can not be lowered to below the PELs.

Note:	((•))1. You can either notify employees individually or post the notifications in areas readily accessible to affected employees.
	((•))2. Posted notification may need specific information that allows affected employees to determine which monitoring results apply to them.
	((•))3. Notification may be:
	((–))a. In any written form, such as hand-written or email.
	((–))b. Limited to the required information, such as exposure monitoring results.
	((•))4. When notifying employees about corrective actions, your notification may refer them to a separate document that is available and provides the required information.

AMENDATORY SECTION(Amending WSR 05-17-168, filed 8/23/05, effective 1/1/06)

WAC 296-855-20070Exposure records.

((You must:

•))(1) You must establish and keep complete and accurate records for all exposure monitoring evaluations conducted under this chapter. Make sure the record includes, at least:

((–))(a) The name, unique identifier, and job classification of:

((■))(i) The employee sampled; and

((AND

■))(ii) All other employees represented by the sampled employee.

((–))(b) A description of the methods used to obtain exposure monitoring results and evidence of the methods' accuracy.

((–))(c) The operation being monitored for employee exposure to EtO.

((–))(d) A description of the procedure used to obtain representative employee exposure monitoring results.

((–))(e) The date, number, duration, location, and the result of each sample taken.

((–))(f) Any environmental conditions that could affect exposure concentration measurements.

((–))(g) Any personal protective equipment (PPE) worn by the employee including the type of respirator.

Note:

• You can use Steps three through six of the exposure evaluation process in Exposure evaluations, WAC 296-855-20050, to create a description of the procedure you used for obtaining representative employee exposure monitoring results.

((You must:

•))(2) You must keep exposure monitoring records for at least thirty years.

Reference:	((•))1. To see additional requirements for employee exposure records including access, and transfer requirements, go to another chapter, Employee medical and exposure records, chapter 296-802 WAC.
	((•))2. Exposure monitoring records need to be kept longer than thirty years for employees participating in medical monitoring, go to Medical records, WAC 296-849-12080.

AMENDATORY SECTION(Amending WSR 05-17-168, filed 8/23/05, effective 1/1/06)

WAC 296-855-20080Documentation records.

((You must:

•))(1) You must keep documentation you develop, of the processing, use, or handling of products made from or containing EtO, that conclusively demonstrates that the action level or STEL for EtO cannot be exceeded under any foreseeable conditions of use.

((•))(2) You must include the following in the documentation record:

((–))(a) The product that is the subject of the documentation;

((–))(b) The source of the data;

((–))(c) Any testing protocol, results of testing, and/or analysis of the product for the release of EtO;

((–))(d) A description of the operation where the product is used and how the data support your conclusion; and

((–))(e) Other data relevant to the operations, materials, processing, or employee exposures covered by your conclusion.

((•))(3) You must maintain the documentation record for as long as you rely on your conclusion that the action level and STEL cannot be exceeded.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-855-20090Training.

((You must:

•))(1) You must train employees who are potentially exposed above the:

((–))(a) Action level (AL) 0.5 parts per million (ppm); or

((OR

–))(b) Fifteen-minute short-term exposure limit (STEL) of five ppm.

((•))(2) You must provide training:

((–))(a) At the time of initial assignment; and

((AND

–))(b) Then at least every twelve months.

((•))(3) You must make sure training and information includes all of the following:

((–))(a) The requirements of this chapter.

((–))(b) The location and availability of this chapter.

((–))(c) The purpose of medical evaluations and a description of your medical evaluation program required in Medical evaluations, WAC 296-855-30030 in this chapter.

((–))(d) Monitoring procedures and observations to detect the presence or release of EtO.

((–))(e) The physical and health hazards of EtO.

((–))(f) Actions employees can take to protect themselves from EtO exposure such as work practices, emergency procedures, and PPE.

((–))(g) The details of your hazard communication program required by another chapter, Hazard communication, ((WAC 296-901-140))chapter 296-901 WAC.

((–))(h) Operations in employee work areas where EtO is present.

((–))(i) The following information found in the General occupational health standards, chapter 296-62 WAC:

((■))(i) The Substance safety data sheet, WAC 296-62-07383 Appendix A.

((■))(ii) The Substance technical guidelines, WAC 296-62-07385 Appendix B.

((■))(iii) Medical surveillance guidelines, WAC 296-62-07387 Appendix C.

AMENDATORY SECTION(Amending WSR 05-17-168, filed 8/23/05, effective 1/1/06)

WAC 296-855-300Exposure and medical monitoring.

Summary:

Your responsibility:

To monitor employee health and workplace exposures to ethylene oxide (EtO).

IMPORTANT:

((•)) These sections apply when employee exposure monitoring results are either above the:

((–))1. Action level (AL) of 0.5 parts per million (ppm); or

((OR

–))2. Short-term exposure limit (STEL) of five ppm.

You must meet the requirements…	in this section:
Periodic exposure monitoring	WAC 296-855-30010
Medical evaluations	WAC 296-855-30030
Medical records	WAC 296-855-30080

AMENDATORY SECTION(Amending WSR 05-17-168, filed 8/23/05, effective 1/1/06)

WAC 296-855-30010Periodic exposure monitoring.

Exemption:

Periodic employee exposure monitoring is not required if exposure monitoring results conducted to fulfill requirements in Exposure evaluation, WAC 296-855-20050, are below the action level (AL).

((You must:

•))You must obtain employee exposure monitoring results according to the frequency specified in Table 2, Periodic Exposure Evaluation Frequencies.

Note:

• If you documented that one work shift consistently has higher exposure monitoring results than another for a particular operation, then you may limit sample collection to the work shift with higher exposures and use those results to represent all employees performing the operation on other shifts.

Table 2

Periodic Exposure Evaluation Frequencies

If employee exposure monitoring results:	Then:
Are between the:	Conduct additional exposure monitoring at least every 6 months.
• Action level (AL) of 0.5 parts per million (ppm);
AND
•TWA8 of 1 ppm
Are above the TWA8;	Conduct additional exposure monitoring at least every 3 months.
OR
Above the STEL
Have been obtained at least every 3 months;	You may decrease your evaluation frequency for the TWA8 to every 6 months.
AND
Have 2 consecutive monitoring results, taken at least 7 days apart, showing 8-hour employee exposure monitoring results that have dropped below the TWA8, but remain at or above the AL
Have 2 consecutive evaluations, taken at least 7 days apart, showing 8-hour employee exposure monitoring results that have dropped below the AL and STEL	You may stop periodic exposure evaluations.

AMENDATORY SECTION(Amending WSR 05-17-168, filed 8/23/05, effective 1/1/06)

WAC 296-855-30030Medical evaluations.

IMPORTANT:

Medical evaluations meeting all requirements of this section will fulfill the medical evaluation requirement found in another chapter, Respirators, chapter 296-842 WAC.

Employees who wear respirators need to be medically evaluated to make sure the respirator will not harm them, before they are assigned work in areas requiring respirators.

((You must:

•))(1) You must make medical evaluations available to current employees:

((–))(a) Who have been, are, or may be exposed above the action level (AL) for at least thirty days in any twelve-month period.

((–))(b) Exposed to EtO during an emergency situation.

((–))(c) Wanting medical advice on EtO exposure and reproductive health.

((–))(d) Whenever the employee develops signs and symptoms commonly associated with ethylene oxide.

((–))(e) At no cost including travel costs and wages associated with any time spent obtaining the medical evaluation.

((–))(f) At reasonable times and places.

((•))(2) You must complete Steps one through four of the medical evaluation process at the following times:

((–))(a) Initially, when employees are assigned to work in an area where exposure monitoring results are, or will likely be, above the action level (AL) for at least thirty days in a twelve-month period.

((–))(b) Every twelve months for employees exposed above the AL for at least thirty days in the preceding year unless the examining physician determines that they should be provided more frequently.

((–))(c) When employment with exposure ends, if the employee has not had an evaluation within the six-month period before exposure ends.

Note:	((•))1. Employees who decline to receive medical examination and testing to monitor for health effects caused by EtO are not excluded from receiving a separate medical evaluation for respirator use.
	((•))2. If employers discourage participation in medical monitoring for health effects caused by EtO, or in any way interfere with an employee's decision to continue with this program, this interference may represent unlawful discrimination under RCW 49.17.160, Discrimination against employee filing complaint, instituting proceedings, or testifying prohibited—Procedure—Remedy.

((Helpful tool:	Declination form for nonemergency related medical evaluations
	You may use this optional form to document employee decisions to decline participation in the medical evaluation process for exposure to ethylene oxide (EtO). To see this form, go to the resources section within this chapter.))

Medical evaluation process

Step one:	Select an appropriate licensed health care professional (LHCP) who will conduct or supervise examinations and procedures.
	• If the LHCP is not a licensed physician, make sure individuals who conduct pulmonary function tests have completed a training course in spirometry sponsored by an appropriate governmental, academic, or professional institution.
Step two:	Make sure the LHCP receives all of the following information before the medical evaluation is performed:
	• A copy of:
	– This chapter.
	– The following information found in the General occupational health standards, chapter 296-62 WAC:
	■ The Substance safety data sheet, WAC 296-62-07383(1) Appendix A.
	■ The Substance technical guidelines, WAC 296-62-07385(2) Appendix B.
	■ Medical surveillance guidelines, WAC 296-62-07387(3) Appendix C.
	• A description of the duties of the employee being evaluated and how these duties relate to EtO exposure.
	• The anticipated or representative exposure monitoring results for the employee being evaluated.
	• A description of the personal protective equipment (PPE) and respirators each employee being evaluated uses or will use.
	• Information from previous employment-related examinations when this information is not available to the examining LHCP.
	• Instructions that the written opinions the LHCP provides you be limited to the following information:
	– Whether or not medical conditions were found that would increase the employee's risk for impairment from exposure to EtO.
	– Any recommended limitations for EtO exposure and use of respirators or other PPE.
	– A statement that the employee has been informed of medical results and medical conditions caused by EtO exposure requiring further examination or treatment.
Step three:	Make medical evaluations available to the employee. Make sure they include the content listed in Table 3, Content of Medical Evaluations.
Step four:	Obtain the LHCP's written opinion for the employee's medical evaluation and make sure the employee receives a copy within five business days after you receive the written opinion.
	• Make sure the written opinion is limited to the information specified for written opinions in Step two.

Note:

• If the written opinion contains specific findings or diagnoses unrelated to occupational exposure, send it back and obtain a revised version without the additional information.

Table 3

Content of Medical Evaluations

When conducting:	Include:
An initial and annual evaluation	• A work history and medical history that includes emphasis on:
	– Pulmonary, hematological, neurological, reproductive systems;
	and
	– The eyes and skin.
	• A physical examination that includes emphasis on:
	– Pulmonary, hematological, neurological, and reproductive systems;
	and
	– The skin and eyes.
	• A complete blood count including a:
	– White cell count with differential
	– Red cell count
	– Hematocrit
	– Hemoglobin.
	• Additional examinations the licensed health care professional (LHCP) believes appropriate based on the employee's exposure to ethylene oxide (EtO) or respirator use.
	• Additional testing:
	– Pregnancy test, and laboratory evaluation for fertility if requested by employee and approved by evaluating LHCP.
Evaluations due to termination of employment	• The same content as specified for initial and annual evaluations.
Evaluations due to reassignment to an area where EtO exposure is below the AL	• The same content as specified for initial and annual evaluations.
	• As determined by the LHCP.
Evaluations due to exposure during an emergency	• The same content as specified for initial and annual evaluations.
Evaluations triggered by employee signs and symptoms commonly associated with overexposure to EtO or a request for reproductive advice	• The content of medical examinations and consultations will be determined by the examining LHCP.
	– Pregnancy test, and laboratory evaluation for fertility if requested by employee and approved by evaluating LHCP.
Evaluations determined necessary by LHCP for exposed employees	• The content of medical examinations and consultations will be determined by the examining LHCP.

AMENDATORY SECTION(Amending WSR 05-17-168, filed 8/23/05, effective 1/1/06)

WAC 296-855-30080Medical records.

IMPORTANT:

This section applies when a medical evaluation is performed, or any time a medical record is created for an employee exposed to ethylene oxide (EtO).

((You must:

•))(1) You must establish and maintain complete and accurate medical records for each employee receiving a medical evaluation for EtO and make sure the records include all the following:

((–))(a) The employee's name and unique identifier.

((–))(b) Any employee medical complaints related to EtO.

((–))(c) A description of the employee's duties.

((–))(d) A copy of the licensed health care professional's (LHCP's) written opinions.

((–))(e) The anticipated or representative employee exposure monitoring results provided to the LHCP for the employee.

((–))(f) A copy of the information required in Step two of the medical evaluation process, found in WAC 296-855-30030, except the copy of this chapter and the appendices.

((•))(2) You must maintain medical records for the duration of employment plus thirty years.

Note:

• Your medical provider may keep these records for you. Other medical records, such as the employee's medical history or X rays, need to be kept as confidential records by the medical provider.

Reference:

For additional requirements that apply to employee exposure records including access and transfer requirements, go to, Employee medical and exposure records, chapter 296-802 WAC.

AMENDATORY SECTION(Amending WSR 05-17-168, filed 8/23/05, effective 1/1/06)

WAC 296-855-400Exposure control.

Summary:

Your responsibility:

To protect employees from exposure to ethylene oxide (EtO) by using feasible exposure controls and appropriate respirators.

IMPORTANT:

((•)) These sections apply when employee exposure monitoring results are above either of the following permissible exposure limits (PELs):

((–))1. The eight-hour time-weighted average (TWA8) of one part per million (ppm); or

((OR

–))2. The fifteen-minute short-term exposure limit (STEL) of five ppm.

You must meet the requirements…	in this section:
Exposure control plan	WAC 296-855-40010
Exposure controls	WAC 296-855-40030
Respirators	WAC 296-855-40040

AMENDATORY SECTION(Amending WSR 05-17-168, filed 8/23/05, effective 1/1/06)

WAC 296-855-40010Exposure control plan.

((You must:

•))(1) You must establish and implement a written exposure control plan to reduce employee exposure to EtO below both TWA8 and the STEL by the use of feasible exposure controls. Include at least the following in your plan:

((–))(a) A schedule for periodic leak detection surveys.

((–))(b) Make sure employee rotation is not included as a method to control employee exposure.

((•))(2) You must establish a written plan for emergency situations for each work area where there is a possibility of an emergency from a release of EtO. The plan must include, at a minimum:

((–))(a) Emergency escape:

((■))(i) Procedures.

((■))(ii) Route assignments.

((–))(b) Emergency evacuation plans and procedures to account for all employees after emergency evacuation has been completed.

((–))(c) Procedures to be followed by employees who remain to operate critical plant operations before they evacuate.

((–))(d) Requirements for the use of respiratory protection as required in WAC ((296-855-40045))296-855-40040.

((–))(e) Rescue and medical duties for those employees who will perform them.

((–))(f) The preferred means of reporting fires and other emergencies.

((–))(g) Names or regular job titles of persons or departments who can be contacted for further information or explanation of duties under the plan.

((•))(3) You must establish an employee alarm system that meets the requirements of Employee alarm systems, WAC 296-800-31070 in the safety and health core rules.

((–)) The employee alarm system must be distinctive and recognizable as a signal to perform actions designated under the emergency response plan.

((•))(4) You must review your exposure control plan at least every twelve months and update as needed to reflect your current workplace conditions.

((•))(5) You must provide a copy of your exposure control plan to affected employees and their designated representatives, when they ask to review or copy it.

AMENDATORY SECTION(Amending WSR 07-06-005, filed 2/22/07, effective 4/1/07)

WAC 296-855-40030Exposure controls.

IMPORTANT:

The use of an employee rotation schedule to control employee exposure to ethylene oxide (EtO) is prohibited.

Respirators and other personal protective equipment (PPE) are not exposure controls.

((You must:

•))(1) You must use feasible exposure controls to((:

–))reduce exposure to, or below, the permissible exposure limit (PELs); or

((OR

– To))(2) You must reduce exposure to the lowest achievable level above the PELs.

AMENDATORY SECTION(Amending WSR 09-15-145, filed 7/21/09, effective 9/1/09)

WAC 296-855-40040Respirators.

IMPORTANT:

The requirements in this section are in addition to the requirements found in another chapter, Respirators, chapter 296-842 WAC.

Medical evaluations meeting all requirements of WAC 296-855-30030, will fulfill the medical evaluation requirement found in another chapter, Respirators, chapter 296-842 WAC.

((You must:

((■))(a) Feasible exposure controls are being put in place.

((■))(b) Employees conduct work operations such as maintenance and repair activities or vessel cleaning for which exposure controls are not feasible.

((■))(c) Feasible exposure controls do not reduce exposures to or below the PELs.

((■))(d) Employees are responding to emergencies.

((•))(2) You must ensure all respirator use is accompanied by eye protection either through the use of full-facepiece respirators, hoods, or chemical goggles.

((•))(3) You must develop, implement, and maintain a respirator program that meets the requirements of another chapter, Respirators, chapter 296-842 WAC, which covers each employee required by this chapter to use a respirator.

((–))(a) You must select and provide to employees appropriate respirators according to this section and WAC 296-842-13005 in the respirator rule.

((–))(b) You must limit selection and use of respirators, including escape respirators, to those with a full-facepiece or another type of respirator providing eye protection. This is necessary to prevent eye irritation or injury from EtO exposure.

((–))(c) You must equip full-facepiece air-purifying respirators, including escape respirators, with a front- or back-mounted canister certified for protection against ethylene oxide.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-855-420Communication of hazards.

Hazard communication—General.

((•))(1) Chemical manufacturers, importers, distributors and employers ((shall))must comply with all requirements of the Hazard Communication Standard (HCS), ((WAC 296-901-140))chapter 296-901 WAC for EtO.

((•))(2) In classifying the hazards of EtO at least the following hazards are to be addressed: Cancer; reproductive effects; mutagenicity; central nervous system; skin sensitization; skin, eye and respiratory tract irritation; acute toxicity effects; and flammability.

((• Employers shall))(3) You must include EtO in the hazard communication program established to comply with the HCS, ((WAC 296-901-140))chapter 296-901 WAC. Employers ((shall))must ensure that each employee has access to labels on containers of EtO and to safety data sheets, and is trained in accordance with the requirements of HCS and WAC 296-855-20090.

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 296-855-500

Definitions.

NEW SECTION

WAC 296-856-099Definitions.

Action level. An airborne concentration of formaldehyde of 0.5 parts per million of air calculated as an 8-hour time-weighted average.

Breathing zone. The space around and in front of an employee's nose and mouth, forming a hemisphere with a six- to nine-inch radius.

Canister or cartridge (air-purifying). Part of an air-purifying respirator that consists of a container holding materials such as fiber, treated charcoal, or a combination of the two, that removes contaminants from the air passing through the cartridge or canister.

Container. Any container, except for pipes or piping systems that contains formaldehyde. It can be any of the following:

• Barrel.

• Bottle.

• Can.

• Cylinder.

• Drum.

• Reaction vessel.

• Shipping containers.

• Storage tank.

Designated representative. Any one of the following:

• Any individual or organization to which an employee gives written authorization.

• A recognized or certified collective bargaining agent without regard to written employee authorization.

• The legal representative of a deceased or legally incapacitated employee.

Emergency. Any event that could or does result in the unexpected significant release of formaldehyde. Examples of emergencies include equipment failure, container rupture, or control equipment failure.

Exposure. The contact an employee has with formaldehyde, whether or not protection is provided by respirators or other personal protective equipment (PPE). Exposure can occur through various routes of entry such as inhalation, ingestion, skin contact, or skin absorption.

Formaldehyde. An organic chemical with the formula of HCHO, represented by the chemical abstract service (CAS) registry number 50-00-0. Examples of primary uses of formaldehyde and its solutions are as follows:

• An intermediate in the production of:

- Resins.

- Industrial chemicals.

• A bactericide or fungicide.

• A preservative.

• A component in the manufacture of end-use consumer items such as cosmetics, shampoos, and glues.

Permissible exposure limits (PELs). PELs are employee exposures to toxic substances or harmful physical agents that must not be exceeded. PELs are also specified in WISHA rules found in other chapters. The PEL for formaldehyde is an 8-hour time-weighted average (TWA8) of 0.75 parts per million (ppm) and a 15-minute short-term exposure limit of 2 ppm.

Short-term exposure limit (STEL). An exposure limit averaged over a 15-minute period that must not be exceeded during an employee's workday.

Time-weighted average (TWA8). An exposure limit averaged over an 8-hour period that must not be exceeded during an employee's workday.

Examples of conditions that could create a significant safety and health risk are:

• Large-quantity releases.

• Small releases that could be highly toxic.

• Potentially contaminated individuals arriving at hospitals.

• Airborne exposures that could exceed a WISHA permissible exposure limit or a published exposure limit and employees are not adequately trained or equipped to control the release.

AMENDATORY SECTION(Amending WSR 06-08-087, filed 4/4/06, effective 9/1/06)

WAC 296-856-100Scope.

This chapter applies to all occupational exposure to formaldehyde. Formaldehyde includes formaldehyde gas, its solutions, and materials that release formaldehyde.

Definitions:

Formaldehyde((is)). An organic chemical with the formula of HCHO, represented by the chemical abstract service (CAS) registry number 50-00-0. Examples of primary uses of formaldehyde and its solutions are as follows:

• An intermediate in the production of:

– Resins.

– Industrial chemicals.

• A bactericide or fungicide.

• A preservative.

• A component in the production of end-use consumer items such as cosmetics, shampoos, and glues.

Exposure((is)). The contact an employee has with formaldehyde, whether or not protection is provided by respirators or other personal protective equipment (PPE). Exposure can occur through various routes of entry such as inhalation, ingestion, skin contact, or skin absorption.

Some of the requirements in this chapter may not apply to every workplace with an occupational exposure to formaldehyde. At a minimum, you ((need to))must:

• Follow requirements in the basic rules sections, WAC 296-856-20010 through 296-856-20070.

• Use employee exposure monitoring results required by Exposure evaluation, WAC 296-856-20060.

• Follow Table 1 to find out which additional sections of this chapter apply to your workplace.

Table 1

Sections That Apply To Your Workplace

If		Then continue to follow the basic rules, and the additional requirements in
•	Employee exposure monitoring results are above the 8-hour time-weighted average (TWA8 ) or short-term exposure limit (STEL)	•	Exposure and medical monitoring, WAC 296-856-30010 through 296-856-30050; ((AND))and
		•	Exposure control areas, WAC 296-856-40010 through 296-856-40030.
•	Employee exposure monitoring results are:	•	Exposure and medical monitoring, WAC 296-856-30010 through 296-856-30050
–	Below the TWA8 and STEL; ((AND))and	•
–	Above the action level (AL)
•	Employee exposure monitoring results are below the AL and STEL	•	Exposure and medical monitoring, WAC 296-856-30020 through 296-856-30050

AMENDATORY SECTION(Amending WSR 06-08-087, filed 4/4/06, effective 9/1/06)

WAC 296-856-200Basic rules.

Your responsibility:

To measure and minimize employee exposure to formaldehyde.

IMPORTANT:

• The requirements in basic rules apply to all employers covered by the scope of this chapter. Additional sections may apply to you. Turn to the scope and follow Table 1 in that section to determine the additional sections of this chapter that apply to you.

((Section contents:

Preventive practices

WAC 296-856-20010.

Training

WAC 296-856-20020.

Personal protective equipment (PPE)

WAC 296-856-20030.

Employee protective measures

WAC 296-856-20040.

Exposure evaluations

WAC 296-856-20050.

Notification

WAC 296-856-20060.

Exposure records

WAC 296-856-20070.))

You must meet the requirements…	in this section:
Preventive practices	WAC 296-856-20010
Training	WAC 296-856-20020
Personal protective equipment (PPE)	WAC 296-856-20030
Employee protective measures	WAC 296-856-20040
Exposure evaluations	WAC 296-856-20050
Notification	WAC 296-856-20060
Exposure records	WAC 296-856-20070

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-856-20010Preventive practices.

((You must:

•))(1) You must make sure containers of gasses, solutions, or materials composed of greater than 0.1 percent formaldehyde, and capable of releasing formaldehyde at concentrations greater than 0.1 ppm to 0.5 ppm, are properly labeled, tagged, or marked with all of the following:

((-))(a) That the product contains formaldehyde.

((-))(b) The name and address of the responsible party (for example manufacturer, importer, or employer).

((-))(c) A statement that the physical and health hazard information can be obtained from you, and from the safety data sheet (SDS).

((•))(2) You must label, tag, or mark containers and materials capable of releasing formaldehyde at levels above 0.5 ppm as follows:

((-))(a) Include the requirements in WAC 296-856-42010.

((-))(b) Appropriately address all hazards as defined in WAC 296-901-14008, 296-901-14022, and 296-901-14024, including cancer and respiratory sensitization.

((- Prior to June 1, 2015, employers may include the phrase "Potential Cancer Hazard" in lieu of "May Cause Cancer."

-))(c) Follow the requirements for labels found in:

■ WAC 296-901-140, 296-901-14022, and 296-901-14024.

((You must:

•))(3) You must make sure you have a housekeeping and maintenance program to detect leaks and spills by doing at least the following:

((-))(a) Regular visual inspections.

((-))(b) Preventive maintenance of equipment, that includes surveys for leaks, at regular intervals.

((-))(c) In areas where spills could occur, make resources available to contain the spills, decontaminate the area affected, and dispose of waste.

((-))(d) Promptly repair leaks and clean up spills.

((-))(e) Train employees who will clean spills and repair leaks, about the methods for cleanup and decontamination.

((-))(f) Make sure employees who will clean up spills and repair leaks, have the appropriate personal protective equipment and respirators.

((-))(g) Dispose of waste from spills or leaks in sealed containers marked with information that states the contents contain formaldehyde and the hazards associated with formaldehyde exposure. The employer ((shall))must ensure that the labels are in accordance with WAC 296-856-420.

((-))(h) Develop and implement appropriate procedures to minimize injury and loss of life if there is a possibility of an emergency, such as an uncontrolled release of formaldehyde.

Note:

Following the requirements of a separate chapter, Emergency response, chapter 296-824 WAC, will meet the requirements for emergency procedures.

((•))(4) You must provide emergency washing facilities, for formaldehyde exposures, as required by a separate chapter, the safety and health core rules, First aid, WAC 296-800-150, as follows:

((-))(a) Emergency showers in the immediate work areas where skin contact to solutions of 1 percent or greater of formaldehyde could occur.

((-))(b) Emergency eye wash in the immediate work area where an eye contact to solutions of 0.1 percent or greater of formaldehyde could occur.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-856-20020Training.

Exemption:

Training is not required for employees when you have conclusive documentation that they cannot be exposed to formaldehyde at airborne concentrations above 0.1 parts per million (ppm).

((You must:

•))(1) You must provide training and information to employees exposed to formaldehyde at all of the following times:

((-))(a) At the time of initial assignment to a work area where there is formaldehyde exposure.

((-))(b) Whenever there is a new exposure to formaldehyde in their work area.

((-))(c) At least every twelve months after initial training.

((•))(2) You must make sure training includes at least the following:

((-))(a) The contents of this chapter and SDS for formaldehyde.

((-))(b) The purpose of medical evaluations and a description of how you are fulfilling the medical evaluation requirements of this chapter.

((-))(c) The health hazards and signs and symptoms associated with formaldehyde exposure, including:

((■))(i) Cancer hazard.

((■))(ii) Skin and respiratory system irritant and sensitizer.

((■))(iii) Eye and throat irritation.

((■))(iv) Acute toxicity.

((-))(d) How employees will immediately report any signs or symptoms suspected to be from formaldehyde exposure.

((-))(e) Descriptions of operations where formaldehyde is present.

((-))(f) Explanations of safe work practices to limit employee exposure to formaldehyde for each job.

((-))(g) The purpose, proper use, and limitations of personal protective clothing.

((-))(h) Instructions for the handling of spills, emergencies, and clean-up procedures.

((-))(i) An explanation of the importance of exposure controls, and instructions in the use of them.

((-))(j) A review of emergency procedures, including the specific duties or assignments of each employee in the event of an emergency.

((-))(k) The purpose, proper use, limitations, and other training requirements for respiratory protection, as required by a separate chapter, Respirators, chapter 296-842 WAC.

((•))(3) You must make sure any written training materials are readily available to your employees at no cost.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-856-20030Personal protective equipment (PPE).

((You must:

•))(1) You must provide PPE at no cost to employees and make sure employees wear the equipment.

((•))(2) You must make sure that employees do not take contaminated clothing or other PPE from the workplace.

Select PPE that is appropriate for your workplace based on at least the following:

((-))(a) The form of formaldehyde, such as gas, solution, or material.

((-))(b) The conditions of use.

((-))(c) The hazard to be prevented.

((•))(3) You must provide full body protection for entry into areas where formaldehyde exposure could exceed 100 parts per million (ppm) or when airborne concentrations are unknown.

((•))(4) You must protect employees from all contact with liquids containing one percent or more of formaldehyde by providing chemical protective clothing that is impervious to formaldehyde and other personal protective equipment, such as goggles and face shields, as appropriate for the operation.

((•))(5) You must make sure when face shields are worn, employees also wear chemical safety goggles if there could be eye contact with formaldehyde.

((•))(6) You must make sure contaminated clothing and other PPE is cleaned or laundered before it is used again.

((•))(7) You must repair or replace clothing and other PPE as needed to maintain effectiveness.

((•))(8) You must make sure storage areas for ventilating contaminated clothing and PPE are established to minimize employee exposure to formaldehyde.

((-))(a) Make sure storage areas and containers for contaminated clothing and PPE have labels or signs with the following warning:

DANGER

FORMALDEHYDE-CONTAMINATED (CLOTHING) EQUIPMENT

MAY CAUSE CANCER

CAUSES SKIN, EYE, AND RESPIRATORY IRRITATION

DO NOT BREATHE VAPOR

DO NOT GET ON SKIN

((- Labels.))(b) The employer ((shall))must ensure containers for contaminated clothing and equipment are labeled consistent with the Hazard Communication Standard, WAC 296-901-140, and ((shall))must, as a minimum, include the following:

DANGER

FORMALDEHYDE-CONTAMINATED (CLOTHING) EQUIPMENT

MAY CAUSE CANCER

CAUSES SKIN, EYE AND RESPIRATORY IRRITATION

DO NOT BREATHE VAPOR

DO NOT GET ON SKIN

((- Prior to June 1, 2016, employers may use the following legend in lieu of that specified above in this section:

DANGER

FORMALDEHYDE-CONTAMINATED (CLOTHING) OR EQUIPMENT

AVOID INHALATION AND SKIN CONTACT

- Prior to June 1, 2015, employers may use the following information on containers of protective clothing and equipment in lieu of the labeling requirements specified above in this section:

DANGER

FORMALDEHYDE-CONTAMINATED (CLOTHING) OR EQUIPMENT

AVOID INHALATION AND SKIN CONTACT

You must:

•))(9) You must make sure that only employees trained to recognize the hazards of formaldehyde remove personal protective equipment (PPE) and clothing from storage areas for the purposes of disposal, cleaning, or laundering.

((•))(10) You must inform any person who launders, cleans, or repairs contaminated clothing or other PPE, of the hazards of formaldehyde and procedures to safely handle the clothing and equipment.

((•))(11) You must provide change rooms for employees who are required to change from work clothes into protective clothing to protect them from skin contact with formaldehyde.

((-)) Make sure change rooms have separate storage facilities for street clothes and protective clothing.

AMENDATORY SECTION(Amending WSR 06-08-087, filed 4/4/06, effective 9/1/06)

WAC 296-856-20040Employee protective measures.

((You must:

•))You must implement appropriate protective measures while you conduct your exposure evaluation.

((–)) Employees performing activities with exposure to airborne formaldehyde that could exceed the 0.75 ppm, 8-hour time-weighted average (TWA8), or the 2 ppm 15-minute short-term exposure limit (STEL), need to follow the requirements in WAC 296-856-30010 through 296-856-40030 of this chapter.

Reference:

For respirator requirements, turn to Respirators, WAC 296-856-40060.

AMENDATORY SECTION(Amending WSR 06-08-087, filed 4/4/06, effective 9/1/06)

WAC 296-856-20050Exposure evaluations.

IMPORTANT:

• This section applies when there is a potential for an employee to be exposed to airborne formaldehyde in your workplace.

• When you conduct an exposure evaluation in a workplace where an employee uses a respirator, the protection provided by the respirator is not considered.

• Following this section will fulfill the requirements to identify and evaluate respiratory hazards found in a separate chapter, Respiratory hazards, chapter 296-841 WAC.

((You must:

•))(1) You must conduct an employee exposure evaluation to accurately determine airborne concentrations of formaldehyde by completing Steps 1 through 7 of the exposure evaluation process, each time any of the following apply:

((–))(a) No evaluation has been conducted.

((–))(b) Changes have occurred in any of the following areas that may result in new or increased employee exposures:

((■))(i) Production.

((■))(ii) Processes.

((■))(iii) Exposure controls, such as ventilation systems or work practices.

((■))(iv) Personnel.

((■))(v) Equipment.

((–))(c) You have any reason to suspect new or increased employee exposure may occur.

((–))(d) You receive a report of employee developing signs and symptoms associated with formaldehyde exposure.

((You must:

•))(2) You must provide affected employees or their designated representatives an opportunity to observe exposure monitoring required by this chapter.

((•))(3) You must make sure observers entering areas with formaldehyde exposure:

((–))(a) Are provided with and use the same protective clothing, respirators, and other personal protective equipment (PPE) that employees working in the area are required to use;

AND

((–))(b) Follow any safety and health requirements that apply.

Exposure evaluation process:

Exemption:	• Exposure monitoring is not necessary if you have documentation conclusively demonstrating that employee exposure for a particular material and the operation where it is used, cannot exceed the action level (AL) or short-term exposure limit (STEL) during any conditions reasonably anticipated.
	• Such documentation can be based on observations, data, calculations, and previous air monitoring results. Previous air monitoring results:
	– Must meet the accuracy required by Step 5.
	– Must be based on data that represents conditions being evaluated in your workplace.
	– May be from outside sources, such as industry or labor studies.

Step 1:	Identify all employees who have potential exposure to airborne formaldehyde in your workplace.
Step 2:	Identify operations where employee exposures could exceed the 15-minute short-term exposure limit (STEL) for formaldehyde of 2 parts per million (ppm).

Note:

You may use monitoring devices such as colorimetric indicator tubes or real-time monitors to screen for activities where employee exposures could exceed the STEL.

Step 3:	Select employees from those working in the operations you identified in Step 2 who will have their 15-minute exposures monitored.
Step 4:	Select employees from those identified in Step 1 who will have their 8-hour exposures monitored.
	– Make sure the exposures of the employees selected represent 8-hour exposures for all employees identified in Step 1, including each job activity, work area, and shift.
	■ If you expect exposures to be below the action level (AL), you may limit your selection to those employees reasonably believed to have the highest exposures.
	■ If you find any of those employees' exposure to be above the AL, then you need to repeat monitoring to include each job activity, work area, and shift.

Reference:

A written description of the procedure used for obtaining representative employee exposure monitoring results needs to be kept as part of your exposure records, as required by Exposure records, WAC 296-856-20070.

	– This description can be created while completing Steps 3 through 6 of this exposure evaluation process.
Step 5:	Determine how you will obtain accurate employee exposure monitoring results. Select and use an air monitoring method with a confidence level of 95 percent, that is accurate to:
	– ±25 percent when concentrations are potentially above the TWA of 0.75 parts per million (ppm).
	– ±25 percent when concentrations are potentially above the STEL of 2 ppm.
	– ±35 percent when concentrations are potentially above the AL.

Note:	• Here are examples of air monitoring methods that meet this accuracy requirement:
	– OSHA Method 52 found at http://www.osha.gov/dts/sltc/methods/toc.html.
	– NIOSH methods: 2016, 2514, 3500, 2539, and 5700, found at http://www.cdc.gov/niosh/homepage.html and linking to the NIOSH Manual of Analytical Methods.
	– Direct reading methods found at http://www.osha.gov/SLTC/formaldehyde/index.html

Step 6:	Obtain employee exposure monitoring results by collecting air samples to accurately determine the formaldehyde exposure of employees identified in Steps 3 and 4.
	– Make sure samples are collected from each selected employee's breathing zone.

Note:	• You may use any sampling method that meets the accuracy specified in Step 5. Examples of these methods include:
	– Real-time monitors that provide immediate exposure monitoring results.
	– Equipment that collects samples that are sent to a laboratory for analysis.
	• The following are examples of methods for collecting samples representative of 8-hour exposures.
	– Collect one or more continuous samples, such as a single 8-hour sample or four 2-hour samples.
	– Take a minimum of 5 brief samples, such as five 15-minute samples, during the work shift at randomly selected times.
	• For work shifts longer than 8 hours, monitor the continuous 8-hour portion of the shift expected to have the highest average exposure concentration.

Step 7:	Have the samples you collected analyzed to obtain employee exposure monitoring results for 8-hour and short-term exposure limits (STEL) exposures.
	– Determine if employee exposure monitoring results are above or below the following values:
	■ 8-hour action level (AL) of 0.5 ppm.
	■ 8-hour time-weighted average (TWA8) of 0.75 ppm.
	■ 15-minute short-term exposure limit (STEL) of 2 ppm.

Reference:

To use the monitoring results to determine which additional chapter sections apply to employee exposure in your workplace, turn to the Scope, WAC 296-856-100, and follow Table 1 in that section.

Note:	• You may contact your local WISHA consultant for help with:
	– Interpreting data or other information.
	– Determining 8-hour employee exposure monitoring results.
	• To contact a WISHA consultant:
	– Go to the safety and health core rules, chapter 296-800 WAC; ((AND))and
	– Find the resources section, and under "other resources," find service locations for labor and industries.

AMENDATORY SECTION(Amending WSR 06-08-087, filed 4/4/06, effective 9/1/06)

WAC 296-856-20060Notification.

((You must:

•))You must provide written notification of exposure monitoring results to employees represented by your exposure evaluation, within five business days after the results become known to you.

((–)) In addition, when employee exposure monitoring results are above the permissible exposure limits (PEL), of either the 8-hour time-weighted average (TWA8) or the 15-minute short-term exposure limit (STEL), provide written notification of both of the following within fifteen business days after the results become known to you:

((■))(1) Corrective actions being taken and a schedule for completion.

((■))(2) Any reason why exposures cannot be lowered to below the PEL.

Note:	• You can notify employees either individually or post the notifications in areas readily accessible to affected employees.
	• Posted notification may need specific information that allows affected employees to determine which monitoring results apply to them.
	• Notification may be:
	– In any written form, such as handwritten or email.
	– Limited to the required information, such as exposure monitoring results.
	• When notifying employees about corrective actions, your notification may refer them to a separate document that is available and provides the required information.

AMENDATORY SECTION(Amending WSR 06-08-087, filed 4/4/06, effective 9/1/06)

WAC 296-856-20070Exposure records.

((You must:

•))(1) You must establish and keep complete and accurate records for all exposure monitoring conducted under this chapter. Make sure the record includes at least the following:

((–))(a) The name, unique identifier, and job classification of both:

((■))(i) The employee sampled;

AND

((■))(ii) All other employees represented by the sampled employee.

((–))(b) An estimate of the exposure for each employee "represented" by this monitoring.

((–))(c) A description of the methods used to obtain exposure monitoring results and evidence of the method's accuracy.

((–))(d) Any environmental conditions that could affect exposure concentration measurements.

((–))(e) A description of the procedure used to obtain representative employee exposure monitoring results.

((–))(f) The operation being monitored.

((–))(g) The date, number, duration, location, and the result of each sample taken.

((–))(h) The type of protective devices worn.

((•))(2) You must maintain documentation that conclusively demonstrates that employee exposure for formaldehyde and the operation where it is used cannot exceed the action level or the 15-minute short-term exposure limit, during any reasonable anticipated conditions.

((–)) Such documentation can be based on observations, data, calculation, and previous air monitoring results.

((•))(3) You must keep exposure monitoring records for at least thirty years.

AMENDATORY SECTION(Amending WSR 06-08-087, filed 4/4/06, effective 9/1/06)

WAC 296-856-300Exposure and medical monitoring.

Your responsibility:

To monitor employee health and workplace exposures to formaldehyde.

((Section contents:

Periodic exposure evaluations

WAC 296-856-30010.

Medical and emergency evaluations

WAC 296-856-30020.

Medical removal

WAC 296-856-30030.

Multiple LHCP review

WAC 296-856-30040.

Medical records

WAC 296-856-30050.))

You must meet the requirements…	in the section:
Periodic exposure evaluations	WAC 296-856-30010
Medical and emergency evaluations	WAC 296-856-30020
Medical removal	WAC 296-856-30030
Multiple LHCP review	WAC 296-856-30040
Medical records	WAC 296-856-30050

AMENDATORY SECTION(Amending WSR 06-08-087, filed 4/4/06, effective 9/1/06)

WAC 296-856-30010Periodic exposure evaluations.

Exemption:

Periodic employee exposure monitoring is not required if exposure monitoring results conducted to fulfill requirements in this chapter, Exposure evaluations, WAC 296-856-20050, are below both the action level (AL) and 15-minute short-term exposure limit (STEL).

((You must:

•))You must obtain employee exposure monitoring results as specified in Table 2 by repeating Steps 1 and 7 of the exposure evaluation process found within this chapter, in Exposure evaluations, WAC 296-856-20050.

Note:

If you document that one work shift consistently has higher exposure monitoring results than another for a particular operation, then you may limit sample collection to the work shift with higher exposures and use those results to represent all employees performing the operation on other shifts.

Table 2

Periodic Exposure Evaluation Frequencies

If employee exposure monitoring results		Then
Are above the action level (AL) of 0.5 ppm		Conduct additional exposure monitoring at least every six months for the employees represented by the monitoring results
Are above the short-term exposure limit (STEL) of 2 ppm		Repeat exposure monitoring at least once a year, or more often as necessary to evaluate employee exposure
Have decreased to below the AL and the STEL		You may stop periodic employee exposure monitoring for employees represented by the monitoring results.
	AND		Note: You need to monitor again if there is a change in any of the following that may result in new or increased employee exposures:
The decrease is demonstrated by two consecutive exposure evaluations made at least seven days apart		•	Production
		•	Processes
		•	Exposure controls, such as ventilation systems or work practices
		•	Personnel
		•	Equipment

AMENDATORY SECTION(Amending WSR 06-08-087, filed 4/4/06, effective 9/1/06)

WAC 296-856-30020Medical and emergency evaluations.

IMPORTANT:

• Medical evaluations completed to meet the respirator use requirements of this section also need to meet the requirements found in a separate chapter, Respirators, medical evaluations, WAC 296-842-140.

((You must:

•))(1) You must make medical evaluations available to current employees who:

((–))(a) Are exposed to formaldehyde concentrations above the action level (AL) or short-term exposure limit (STEL).

((–))(b) Are exposed to formaldehyde during an emergency situation.

((–))(c) Develops signs and symptoms commonly associated with formaldehyde exposure.

((•))(2) You must make medical examinations available to current employees as deemed necessary by the LHCP after reviewing the medical disease questionnaire for employees that are presently not required to wear a respirator.

((•))(3) You must complete Steps 1 through 4 of the medical evaluation process at the following times:

((–))(a) Initially, when employees are assigned to work in an area where exposure monitoring results are above the action level (AL) or above the STEL.

((–))(b) At least every twelve months from the initial medical evaluation for employees exposed to formaldehyde above the action level (AL) or the STEL.

((–))(c) Whenever the employee develops signs and symptoms commonly associated with formaldehyde.

Note:

Signs and symptoms are rarely associated with formaldehyde concentrations in air less than 0.1 parts per million (ppm), and in materials at concentration levels less than 0.1 percent.

((You must:

•))(4) You must make medical evaluations available:

((–))(a) At no cost to employees, including travel costs and wages associated with any time spent obtaining the medical evaluation.

((–))(b) At reasonable times and places.

Note:	• Employees who decline to receive a medical evaluation to monitor for health effects caused by formaldehyde are not excluded from receiving a separate medical evaluation for respirator use.
	• If employers discourage participation in medical monitoring for health effects caused by formaldehyde, or in any way interferes with an employee's decision to continue with this program, this interference may represent unlawful discrimination under RCW 49.17.160, Discrimination against employee filing complaint, instituting proceedings, or testifying prohibited—Procedure—Remedy.

Medical evaluation process:

Step 1: Select a licensed health care professional (LHCP) who will conduct or supervise examinations and procedures.

– If the LHCP is not a licensed physician, make sure individuals who conduct pulmonary function tests, have completed a training course in spirometry, sponsored by an appropriate governmental, academic, or professional institution.

Note:

The LHCP must be a licensed physician or supervised by a physician.

Step 2: Make sure the LHCP receives all of the following information before the medical evaluation is performed:

– A copy of this chapter.

– The helpful tools: Substance Technical Guideline for Formalin, Medical Surveillance, and Medical Disease Questionnaire.

– A description of the duties of the employee being evaluated and how these duties relate to formaldehyde exposure.

– The anticipated or representative exposure monitoring results for the employee being evaluated.

– A description of the personal protective equipment (PPE) and respiratory protection each employee being evaluated uses or will use.

– Information in your possession from previous employment-related examinations when this information is not available to the examining LHCP.

– A description of the emergency and the exposure, when an examination is provided due to an exposure received during an emergency.

– Instructions that the written opinions the LHCP provides to you, does not include any diagnosis or other personal medical information, and is limited to the following information:

■ The LHCP's opinion about whether or not medical conditions were found that would increase the employee's risk for impairment from exposure to formaldehyde.

■ Any recommended limitations for formaldehyde exposure and use of respirators or other PPE.

■ A statement that the employee has been informed of medical results and medical conditions caused by formaldehyde exposure requiring further examination or treatment.

Step 3: Make a medical evaluation available to the employee. Make sure it includes the content listed in Table 3, Content of Medical Evaluations.

Step 4: Obtain the LHCP's written opinion for the employee's medical evaluation and make sure the employee receives a copy within five business days after you receive the written opinion.

– Make sure the written opinion is limited to the information specified for written opinions in Step 2.

Note:

If the written opinion contains specific findings or diagnoses unrelated to occupational exposure, send it back and obtain a revised version without the additional information.

Table 3

Content of Medical Evaluations

When conducting an	Include
Initial	•	A medical disease questionnaire that provides a work and medical history with emphasis on:
OR	–	Upper or lower respiratory problems
Annual evaluation	–	Allergic skin conditions or dermatitis
Annual evaluation	–	Hyper reactive airway diseases
	–	Eyes, nose, and throat irritation
	•	Physical examinations deemed necessary by the LHCP, that include at a minimum:
	–	Examinations with emphasis on evidence of irritation or sensitization of skin, eyes, and respiratory systems, and shortness of breath
	–	Counseling, provided by the LHCP to the employee as part of the medical examination if the LHCP determines that the employee has a medical condition that may be aggravated by formaldehyde exposure
	•	Pulmonary function tests for respirator users, that include at a minimum:
	–	Forced vital capacity (FVC)
	–	Forced expiratory volume in one second (FEV1)
	–	Forced expiratory flow (FEF)
Emergency exposure evaluation	•	A medical examination that includes a work history with emphasis on evidence of upper or lower respiratory problems, allergic conditions, skin reaction or hypersensitivity, and any evidence of eye, nose, or throat irritation
	•	Additional examinations the licensed health care professional (LHCP) believes appropriate, based on the employee's exposure to formaldehyde
Evaluation of reported signs and symptoms	•	A medical disease questionnaire that provides a work and medical history with emphasis on:
Evaluation of reported signs and symptoms	–	Upper or lower respiratory problems
	–	Allergic skin conditions or dermatitis
	–	Hyper reactive airway diseases
	–	Eyes, nose, and throat irritation
	•	A physical examination if considered necessary by the LHCP that includes at a minimum:
	–	Examinations with emphasis on evidence of irritation or sensitization of skin, eyes, respiratory systems, and shortness of breath
	–	Counseling if the LHCP determines that the employee has a medical condition that may be aggravated or caused by formaldehyde exposure

AMENDATORY SECTION(Amending WSR 06-08-087, filed 4/4/06, effective 9/1/06)

WAC 296-856-30030Medical removal.

Exemption:

Medical removal or restrictions do not apply when skin irritation or skin sensitization occurs from products that contain less than 0.05 percent of formaldehyde.

IMPORTANT:

• This section applies when an employee reports irritation of the mucosa of the eye or the upper airways, respiratory sensitization, dermal irritation, or skin sensitization from formaldehyde exposure.

• When determining the content of formaldehyde in materials that employees have exposure to, you may use documentation, such as manufacturer's data, or independent laboratory analyses.

((You must:

•))You must complete Steps 1 through 4 of the medical evaluation process for removal of employees, in this section, for employees that report signs and symptoms of formaldehyde exposure.

Note:

When the employee is exposed to products containing less than 0.1 percent formaldehyde, the LHCP can assume, absent of contrary evidence, that employee signs and symptoms are not due to formaldehyde exposure.

Medical evaluation process for removal of employees:

Step 1: Provide the employee with a medical evaluation by an LHCP selected by the employer.

Step 2: Based on information in the medical questionnaire the LHCP will determine if the employee will receive an examination as described in Table 3, Content of Medical Evaluations, in Medical and emergency evaluations, WAC 296-856-30020.

– If the LHCP determines that a medical examination is not necessary, there will be a two-week evaluation and correction period to determine whether the employee's signs and symptoms resolve without treatment, from the use of creams, gloves, first-aid treatment, personal protective equipment, or industrial hygiene measures that reduce exposure.

■ If before the end of the two-week period the employee's signs or symptoms worsen, immediately refer them back to the LHCP.

■ If signs and symptoms persist after the two-week period, the LHCP will administer a physical examination as outlined in Table 3, Content of Medical Evaluations, in Medical and emergency evaluations, WAC 296-856-30020.

Step 3: Promptly follow the LHCP's restrictions or recommendations. If the LHCP recommends removal from exposure, do either of the following:

– Transfer the employee to a job currently available that:

■ The employee qualifies for, or could be trained for, in a short period of time (up to six months);

AND

■ Will keep the employee's exposure to as low as possible, and never above the AL of 0.5 parts per million.

– Remove the employee from the workplace until either:

■ A job becomes available that the employee qualifies for, or could be trained for in a short period of time and will keep the employee's exposure to as low as possible and never above the AL;

■ The employee is returned to work or permanently removed from formaldehyde exposure, as determined by completing Steps 1 through 3 of the medical evaluation process for removal of employees, in this section.

Step 4: Make sure the employee receives a follow-up examination within six months from being removed from the formaldehyde exposure by the LHCP. At this time, the LHCP will determine if the employee can return to their original job status, or if the removal is permanent.

((You must:

•))(1) You must maintain the employee's current pay rate, seniority, and other benefits if:

((–))(a) You move them to a job that they qualify for, or could be trained in a short period of time, and will keep the employee's exposure to as low as possible and never above the AL;

((–))(b) In the case there is no such job available, then until they are able to return to their original job status or after six months, ((which ever))whichever comes first.

Note:	• If you must provide medical removal benefits and the employee will receive compensation for lost pay from other sources, you may reduce your medical removal benefit obligation to offset the amount provided by these sources.
	• Examples of other sources are:
	– Public or employer-funded compensation programs.
	– Employment by another employer, made possible by the employee's removal.

((•))(2) You must make medical evaluations available:

((–))(a) At no cost to employees, including travel costs and wages associated with any time spent obtaining the medical examinations and evaluations((.

–)); and

(b) At reasonable times and places.

AMENDATORY SECTION(Amending WSR 06-08-087, filed 4/4/06, effective 9/1/06)

WAC 296-856-30040Multiple LHCP review.

IMPORTANT:

• This section applies each time a medical examination or consultation is performed to determine whether medical removal or restriction is required.

((You must:

•))(1) You must promptly notify employees that they may seek a second medical opinion from an LHCP of their choice, each time a medical examination or consultation is conducted by an LHCP selected by the employer to evaluate medical removal.

((–)) At a minimum, this notification must include the details of your multiple physician review process.

Note:

Notification may be provided in writing or by verbal communication.

((You must:

•))(2) You must complete requirements in the multiple LHCP review process once you have been informed of an employee's decision to seek a second medical opinion.

((•))(3) You must pay for and complete the multiple LHCP review process for employees who:

((–))(a) Inform you in writing or by verbal communication that they will seek a second medical opinion.

((–))(b) Initiate steps to make an appointment with the LHCP they select. This LHCP will be referred to as the second LHCP.

((–))(c) Fulfill the previous actions to inform you, and initiate steps for an appointment, within fifteen days from receiving either your notification or the initial LHCP's written opinion, whichever is received later.

Note:

This process allows for selection of a second LHCP and, when disagreements between LHCPs persist, for selection of a third LHCP.

Multiple LHCP review process:

Step 1: Make sure the information required by Step 4 of the medical evaluation process is received by the second LHCP. This process is located in the section, Medical and emergency evaluations, WAC 296-856-30020.

– This requirement also applies when a third LHCP is selected.

Step 2: Allow the second LHCP to:

– Review findings, determinations, or recommendations from the original LHCP you selected;

AND

– Conduct medical examinations, consultations, and laboratory tests as necessary to complete their review.

Step 3: Obtain a written opinion from the second LHCP and make sure the employee receives a copy within five business days from the date you receive it. If findings, determinations, and recommendations in the written opinion are:

– Consistent with the written opinion from the initial LHCP, you can end the multiple physician review process. Make sure you follow the LHCP's recommendations.

– Inconsistent with the written opinion from the initial LHCP, then you and the employee must make sure efforts are made for the LHCPs to resolve any disagreements.

■ If the LHCPs quickly resolve disagreements, you can end the multiple physician review process. Make sure you follow the LHCP's recommendations.

■ If disagreements are not resolved within thirty business days, continue to Step 4.

Step 4: You and the employee must work through your respective LHCPs to agree on the selection of a third LHCP, or work together to designate a third LHCP to:

– Review findings, determinations, or recommendations from the initial and second LHCP;

AND

– Conduct medical examinations, consultations, and laboratory tests as necessary to resolve disagreements between the initial and second LHCP.

Step 5: Obtain a written opinion from the third LHCP and make sure the employee receives a copy within five business days from the day you receive it.

– Follow the third LHCP's recommendations, unless you and the employee agree to follow recommendations consistent with at least one of the three LHCPs.

AMENDATORY SECTION(Amending WSR 06-08-087, filed 4/4/06, effective 9/1/06)

WAC 296-856-30050Medical records.

IMPORTANT:

• This section applies when a medical evaluation is performed or any time a medical record is created for an employee exposed to formaldehyde.

((You must:

•))(1) You must establish and maintain complete and accurate medical records for each employee receiving a medical evaluation for formaldehyde and make sure the records include all the following:

((–))(a) The employee's name and unique identifier.

((–))(b) A description of any health complaints that may be related to formaldehyde exposure.

((–))(c) A copy of the licensed health care professional's (LHCP's) written opinions.

((–))(d) Exam results.

((–))(e) Medical questionnaires.

((•))(2) You must maintain medical records for the duration of employment plus thirty years.

Note:	• Employee medical records need to be maintained in a confidential manner. The medical provider may keep these records for you.
	• Medical records may only be accessed with the employee's written consent.

AMENDATORY SECTION(Amending WSR 06-08-087, filed 4/4/06, effective 9/1/06)

WAC 296-856-400Exposure control areas.

Your responsibility:

To control employee exposure to airborne formaldehyde and protect employees by using appropriate respirators.

IMPORTANT:

• These sections apply when employee exposure monitoring results are above the permissible exposure limit (PEL):

– The 8-hour time-weighted average (TWA8) of 0.75 parts per million (ppm);

– The 15-minute short-term exposure limit (STEL) of two parts per million (ppm).

((Section contents:

Exposure controls

WAC 296-856-40010.

Establishing exposure control areas

WAC 296-856-40020.

Respirators

WAC 296-856-40030.))

You must meet the requirements…	in this section:
Exposure controls	WAC 296-856-40010
Establishing exposure control areas	WAC 296-856-40020
Respirators	WAC 296-856-40030

AMENDATORY SECTION(Amending WSR 06-08-087, filed 4/4/06, effective 9/1/06)

WAC 296-856-40010Exposure controls.

IMPORTANT:

• Respirators and other personal protective equipment (PPE) are not exposure controls.

((You must:

•))You must use feasible exposure controls to reduce employee exposures to a level below the permissible exposure limit (PEL) or to as low a level as achievable.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-856-40020Establishing exposure control areas.

((You must:

•))(1) You must establish temporary or permanent exposure control areas where airborne concentrations of formaldehyde are above either the 8-hour time-weighted average (TWA8) or the 15-minute short-term exposure limit (STEL), by doing at least the following:

((-))(a) Clearly identify the boundaries of exposure control areas in any way that minimizes employee access.

((-))(b) Post signs at access points to exposure control areas that:

((■))(i) Are easy to read (for example, they are kept clean and well lit);

AND

((■))(ii) Include this warning:

DANGER

FORMALDEHYDE

MAY CAUSE CANCER

CAUSES SKIN, EYE, AND RESPIRATORY IRRITATION

AUTHORIZED PERSONNEL ONLY

((Prior to June 1, 2016, employers may use the following legend in lieu of the above one in this section:

DANGER

FORMALDEHYDE

IRRITANT AND POTENTIAL CANCER HAZARD

AUTHORIZED PERSONNEL ONLY))

Note:

This requirement does not prevent you from posting other signs.

((You must:

•))(2) You must allow only employees, who have been trained to recognize the hazards of formaldehyde exposure, to enter exposure control areas.

Note:	• When identifying the boundaries of exposure control areas you should consider factors such as:
	– The level and duration of airborne exposure.
	– Whether the area is permanent or temporary.
	– The number of employees in adjacent areas.
	• You may use permanent or temporary enclosures, caution tape, ropes, painted lines on surfaces, or other materials to visibly distinguish exposure control areas or separate them from the rest of the workplace.

((You must:

•))(3) You must inform other employers at multi-employer work sites of the exposure control areas, and the restrictions that apply to those areas.

AMENDATORY SECTION(Amending WSR 09-15-145, filed 7/21/09, effective 9/1/09)

WAC 296-856-40030Respirators.

IMPORTANT:

• The requirements in this section are in addition to the requirements found in the following separate chapters:

– Respiratory hazards, chapter 296-841 WAC.

– Respirators, chapter 296-842 WAC.

• Medical evaluations meeting all requirements of Medical and emergency evaluations, WAC 296-856-30020, will fulfill the medical evaluations requirements found in Respirators, chapter 296-842 WAC, a separate chapter.

((You must:

•))(1) You must develop, implement, and maintain a respirator program as required by chapter 296-842 WAC, Respirators, which covers each employee required by this chapter to use a respirator.

((–)) Require that employees use respirators in any of the following circumstances:

((■))(a) Employees are in an exposure control area.

((■))(b) Feasible exposure controls are being put in place.

((■))(c) Where you determine that exposure controls are not feasible.

((■))(d) Feasible exposure controls do not reduce exposures to, or below, the PEL.

((■))(e) Employees are performing tasks presumed to have exposures above the PEL.

((■))(f) Emergencies.

((•))(2) You must select, and provide to each employee who uses a respirator required by this chapter, an appropriate respirator as specified in this section and in WAC 296-842-13005 in the respirator rule.

((•))(3) You must equip full-facepiece air-purifying respirators with cartridges or canisters approved for protection against formaldehyde.

((•))(4) You must provide to employees, for escape, one of the following respirator options:

((–))(a) A self-contained breathing apparatus operated in demand or pressure-demand mode;

((–))(b) A full-facepiece air-purifying respirator equipped with a chin-style, or front- or back-mounted industrial size canister or cartridge.

((•))(5) You must make sure all air-purifying respirator use is accompanied by eye protection either through the use of full-facepiece models or effective, gas-proof chemical goggles.

((•))(6) You must provide employees with powered air-purifying respirators (PAPRs) when:

((–))(a) The employee has difficulty using a negative pressure respirator or a LHCP recommends this type of respirator;

AND

((–))(b) The employee chooses to use this type of respirator.

((•))(7) You must replace the chemical cartridges or canisters on air-purifying respirators;

((–))(a) When indicated by NIOSH-approved, end-of-service-life indicators if these are used;

((–))(b) When NIOSH-approved ESLIs aren't used:

((■))(i) At times specified by your cartridge change schedule;

((■))(ii) At the end of the work shift, when this occurs before the time indicated by your cartridge change schedule.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-856-420Communication of hazards.

((Section contents:

Hazard communication—General

WAC 296-856-42010))

You must meet the requirements…	in this section:
Hazard communication—General	WAC 296-856-42010

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-856-42010Hazard communication—General.

((•))(1) Chemical manufacturers, importers, distributors and employers must comply with all requirements of Hazard communication, WAC 296-901-140.

((•))(2) You must, in classifying the hazards of formaldehyde, at least address the following hazards ((are to be addressed)): Cancer; skin and respiratory sensitization; eye, skin and respiratory tract irritation; acute toxicity effects; and flammability.

((•))(3) Employers ((shall))must include formaldehyde in the hazard communication program established to comply with the HCS, WAC 296-901-140. Employers ((shall))must ensure that each employee has access to labels on containers of formaldehyde and to safety data sheets, and is trained in accordance with the requirements of HCS and WAC 296-856-20020.

((•))(4) The above information in this section applies to chemicals associated with formaldehyde gas, all mixtures or solutions composed of greater than 0.1% formaldehyde, and materials capable of releasing formaldehyde into the air at concentrations reaching or exceeding 0.1 ppm.

((•))(5) In making the determinations of anticipated levels of formaldehyde release, the employer may rely on objective data indicating the extent of potential formaldehyde release under reasonably foreseeable conditions of use.

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 296-856-500

Definitions.